New case on restitution payments

Posted about 4 years ago. Applies to Oregon, 1 helpful vote

Email

State v. Kacin is a recent decision from Oregon's Court of Appeals. It holds that, as stated in ORS 137.540(9), failure to pay restitution can never be a sufficient basis to revoke probation. This is true even when the court makes a blanket statement that "the purposes of probation are not being served." In order to lawfully revoke probation under these circumstances, the Court of Appeals suggests that the revoking judge would have to discuss, in greater detail, the purposes of probation and which circumstances inform their opinion that the purposes of probation are not being served.

Additional Resources

State v. Kacin

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,768 answers this week

2,725 attorneys answering