Legal Question in Criminal Law in Iowa
Restiution years later..Double Jeopardy
After a person serves their prison term can they be put in jail for contempt for not paying restiution for a case that happened in 1999 and which the state did not make a new plan of payment after discharge? Nothing was ever said until recently even tho it discharged years ago. Please advise. I know you can be civilly liable but taking ones liberty ..again? Sounds like double jeopardy?
Asked on 8/26/06, 8:53 pm
1 Answer from Attorneys
Robert Luedeman
solo practitioner
Re: Restiution years later..Double Jeopardy
It's not double jeopardy and yes, the restitution was probably ordered as part of sentencing so if you aren't paying you're in contempt of court and they can jail you.
Serving the prison part of the sentence does not clear the books, if that's what you're thinking.
Answered on 8/27/06, 12:00 pm
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