Legal Question in Criminal Law in Massachusetts

When you are sentenced to probation and terms are imposed, whether you plead or were convicted after trial, those terms are binding on you unless or until a judge allows a modification. Probation (and its accompanying terms) are typically used as a "we're going to let you stay out of jail but you have to do this" condition. If you fail to make payments on the restitution you may be in violation of the terms of your probation.

To your question, you may have an argument. Depending on the exact facts of your situation, you might be able to argue that at the time you were sentenced you had no ability to pay. Therefore any sentence imposed that required you to make payments that exceeded your income was improper and should be revised. This presupposes that you didn't not agree to the sentence (i.e. it was not an agreed upon plea) or that you had no ability to pay at the time the sentence was imposed.

If you are not able to make payments you will likely received a notice of violation from your probation officer. The bad news is that a judge could sentence you to jail/prison if they found you were in violation. The good news is that you are entitled to the representation of an attorney at the hearing (and it you could not afford one the Commonwealth would have to provide you one).

Good luck.

I would be curious to know the judge's reasoning on how this proposed restitution plan is realistic given your income and expenses. We don't have debtor's prisons in the United States and one should not be forced to pay what they cannot. Ask your probation officer to advance the case and ask to have an attorney appointed to try to revise the terms.

If you are indigent, you can contact the local bar advocates office, and they may assign a person to assist you.