If I have fallen behind on my embezzlement payments, placed in prison, and then released, can they send me back for lack of payment?

3 yeas ago I was charged with 4 years suspended sentence with 6 months in county jail. Due to the nature of the crime and not having any relatives it has been hard finding a job and keeping myself sheltered while paying them back. Because of this I haven’t paid in 6 months and know I have a bench warrant. I plan to turn myself in. My question is, when I go to prison and am released, can they bring me back in for lack of payment?

Asked on July 16, 2012 under Criminal Law, Iowa


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

You indicated that you were sentenced on the charge of embezzlement and ordered to pay restitution of an undisclosed amount.  You stated that you have not made any payments in six (6) months, and that a bench warrant has been issued.  The first thing you should, if possible, is retain the services of an attorney.  Possibly, a "walk-in" hearing could be scheduled so that you don't have to turn yourself in.  Another option would be to have an attorney attempt to negotiate a resolution to your case prior to submitting yourself to law enforcement authorities.  Many judges will take into consideration your financial hardships if you address that issue with the court.  Simply not reporting as required and not making any payments is a different story.  Consult an attorney immediately.  

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