Will I go to jail for failure to pay restitution?

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Will I go to jail for failure to pay restitution?

Asked on January 29, 2014 under Criminal Law, Connecticut

Answers:

Richard Southard / Law Office of Richard Southard

Answered 7 years ago | Contributor

It depends what your plea bargain was.  If it was a condition of an ACD or ACOD, then the worst that can happen is the State restores the case to the calendar and still has to prove your guilt beyond a reasonable doubt.  If it was a condition of a guilty plea, then the judge can sentence you up to the maximum legal sentence of your original plea.  So if you pled guilty, for example to an A misdemeanor, the judge could sentence you to the maximum jail time of one year unless a specific alternate sentence was agreed to at the time of plea.  Now this doesn't mean that the judge will sentence you to jail; it depends on the facts of your case, the reasons for non-payment, if you performed the other components of your plea bargain, any other criminal history, etc.  Your attorney will argue for the judge to give you a second chance.  My advice would be, that even if you can't pay the whole amount owed, at least make partial payments, so the judge sees you are trying.  Good Luck. 


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