What will happen if I stop paying restitution?
Question Details: I was convicted of theft 3 years ago and sentenced to 2 1/2 years in prison and to pay restitution in the amount of $1000,000. I completed my prison sentence and did not have any probation or PRC. I am now living in another state but send $25 a month to the clerk of courts. Can I get another criminal charge for failing to pay?
You made a typo on your restitution amount but I will assume you meant $100,000. This amount suggests you received a felony drug offense to which you received your sentence. If this is true, the fines/restitution can be very high.
Since most perople with felony convictions have great difficulty getting a good high-paying job, most courts and probation departments do not expect fines/restitution of this amount will ever be re-paid. It is unreasonable to expect most people to be able to pay such a bill and our courts frown on locking people up for these debts as our jails would fill up fast with people who couldn't pay.
Most likely you will not be charged with a new charge for failing to pay or have your probation/parole revoked. The only exception is if your restitution is to a specific person/business as a result of a real loss they suffered. These types of restitution usually are required to be paid and they may come after you for it.
Hope this helps.
David West
Attorney at Law
