Q: Violation of Probation for restitution not being paid in full prior to probationary period ending
I was convicted of felony theft, over $10k under $100k. I was sentenced to 4 years incarceration, all but one suspended and 5 years probation. I was also ordered to pay restitution in the amount of $47,000. I paid monthly what I could afford, abided by the terms of my probation and was released in November, after a VOP was filed for the unpaid balance. Will I have to serve the remaining prison sentence? Due to the pandemic, I recently lost my job, I am divorcing and was forced to file bankruptcy and have had to move in to a friends house. I am determined to continue "cleaning up my wreckage" and have over 7 1/2 years sober. I am hoping that there will be a chance for me to continue making payments, as opposed to incarceration. Any advice would be appreciated. In advance, thank you
A: Assemble all your payment records and income verification and bankruptcy info, which will show your good faith efforts to pay. I do not see you being violated for inability to pay such a large restitution obligation. Nobody gets violated for not having enough money. Your probation should be closed and the unpaid balance referred to the state Central Collections Unit. It will be a civil debt issue going forward, although it cannot be discharged in bankruptcy. If you can afford a lawyer, hire one.
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