Tempe, AZ asked in Criminal Law for Arizona

Q: If a defendant states under oath "I will abide by the decision of the court", and then ignores decision (refuses to pay)

Has the defendant committed perjury? Is this an arrestable offense?

Court is in Arizona USA

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1 Lawyer Answer
Jon Matthew Martinez
Jon Matthew Martinez
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: If you are talking about a criminal matter, failure to pay a fine or a restitution order is usually considered a violation of probation or a violation of his release. If the defendant is not paying as required by the court and is on probation, the court may violate his probation and sentence the defendant to additional jail or prison time. It would be extremely unusual for a person to be charged with perjury for not paying a fine. If any charges are brought, it would most likely be for contempt of court.

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