Can my parole b revoked if I can’t pay or I’m late on my restitution?

I had a wreck and my alcohol content was .085. I had served 26 months out of a 5 year sentence. Now, I have to pay 10 of my gross monthly income.

Asked on March 6, 2016 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The payment of restitution is a condition of your release... so yes, you could potentially be revoked for failure to pay.  However, as long as you keep your parole office updated on your situation, most will work with you because they know that if you go back to jail that there are no chances of restitution payments.  The main thing is to pay something.  Even if you only manage to get in ten dollars a week... pay something.  You could give blood or plasma at a local blood bank and come up with that amount.  From there, start looking at ways to manage your budget better, how to coupon for groceries, and how to obtain discounts on other necessities.  A few changes can help you put a bit more towards restitution.... and every nickel counts when it comes to your freedom.  If you have done everything... including giving blood... and still cannot make the restitution... then you would have a defense of 'inability to pay' should they try to move forward with revocation.  The key to this defense is to show your efforts.   If your monthly budget includes $100 for cable and $20 for cigs or beer, you'll get revoked because the parole board will think that you are not willing to sacrifice the extras for your restitution obligation.  If your budget reflects a 'ramen noodle'/ lean and mean budgeting style... they will see that you have been serious about your obligations.  If you have absolutely no clue on how to start a budget... use the resources available to you to learn.  Your parole officer may have local programs for you.  You can also contact the local junior college and see if they have any adult education classes.  Many libraries have workshops and books on budgeting.  The info is there... it's just a matter of finding it and using it.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The payment of restitution is a condition of your release... so yes, you could potentially be revoked for failure to pay.  However, as long as you keep your parole office updated on your situation, most will work with you because they know that if you go back to jail that there are no chances of restitution payments.  The main thing is to pay something.  Even if you only manage to get in ten dollars a week... pay something.  You could give blood or plasma at a local blood bank and come up with that amount.  From there, start looking at ways to manage your budget better, how to coupon for groceries, and how to obtain discounts on other necessities.  A few changes can help you put a bit more towards restitution.... and every nickel counts when it comes to your freedom.  If you have done everything... including giving blood... and still cannot make the restitution... then you would have a defense of 'inability to pay' should they try to move forward with revocation.  The key to this defense is to show your efforts.   If your monthly budget includes $100 for cable and $20 for cigs or beer, you'll get revoked because the parole board will think that you are not willing to sacrifice the extras for your restitution obligation.  If your budget reflects a 'ramen noodle'/ lean and mean budgeting style... they will see that you have been serious about your obligations.  If you have absolutely no clue on how to start a budget... use the resources available to you to learn.  Your parole officer may have local programs for you.  You can also contact the local junior college and see if they have any adult education classes.  Many libraries have workshops and books on budgeting.  The info is there... it's just a matter of finding it and using it.


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