Legal Question in Criminal Law in Michigan

Re: Payment of Restitution

You have two issues: (1) can your probation be extended due to non-payment of restitution, and (2) do you still owe restitution not paid by the time you get off probation? I think that the answers to both questions are "Yes!".

1) Your probation can be extended due to failure to comply with probation terms, and one of those terms should be "pay X amount of restitution in full." Any probation violation can subject you to being resentenced, and the judge might decide to extend your probation term. But, for felonies, you cannot be on probation for longer than 5 years, unless the specific felony allowed for "lifetime probation". So, if you get behind in restitution payments, you might get hauled into court to respond to a probation violation warrant. A recent change in the Crime Victim Rights Act now tells courts that they must order income witholding (garnishment) where defendants are working and are behind in restitution payments.

2) A restitution order lives until it is paid in full. It is a civil judgment, so victims do not have to file separate civil law suits to get the same money judgments. The attorney who told you that if you "chose not to pay this restitution that they could not hold [you] on probation longer than 5 years and the money would no longer be owed" is flat our wrong. Even if your probation ends, any restitution you have not paid is still owed to the victim until it is paid in full. But, the court's probation department will not be the strong-arm to collect it, the victim will have to use other means allowed under the court rules to collect unpaid money judgments (e.g., judgment debtors depositions, orders to garnish wages, orders to allow the sheriff to seize and sell personal proerty to pay the debt, etc.).

Payment of Restitution

Gee, it seems like you're just doing a hit a miss thing with whatever attorneys will talk with you. Have you spoken with your own attorney yet?