Legal Question in Criminal Law in Florida
I Am On Probation, I've been on 5 years in December, it is up in December of 2012, I still owe over 29000.00 in restitution..... I Have no funds to pay this off, I am on disability and can barely survive every month, I have sent in money when I can! What will Happen next?
1 Answer from Attorneys
Most likely, the restitution is not a condition of probation. What usually happens is that restitution is ordered and is collected through the collections court. It is possible for restitution to be part of probation but usually not, unless it is specifically indicated. You need to talk to your probation officer to find out for sure.
A violation of probation must be willful. It is not enough that restitution hasn't been paid in order to be violated. The state would have to establish that you have the money but just haven't paid or spent it on something else.
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