Legal Question in Criminal Law in Michigan
I pled guilty to misdemeanor false pretenses and was sentenced through district court to 12 months probation and restitution (approximately $24,000). This stemmed from falsifying a student loan document. I currently pay on the student loan (and have for 5 years- because it is a student loan, the loan is for 15 years. I have approximately 10 more years of payments), so my probation officer worked it out to where I do not pay the court any money but instead provide her with a receipt of payment every month from the student loan company. I have never violated probation, never missed a payment or not paid the full amount, and have no previous criminal history. I have been on probation for this for approximately 6 months. Today at my monthly meeting, she told me the judge has decided to extend my probation "indefinitely until the restitution is paid in full." My understanding is that misdemeanor probation can only be held for a maximum of 2 years, but according to her, he is not releasing my probation until I pay off the loans in full. I tried calling my attorney but he is on vacation for two weeks and my nerves won't allow me to wait that long for an answer. I don't know if they can do this or not and just want some clarification and guidance. Thank you
2 Answers from Attorneys
Your misdemeanor probation can be extended up to the maximum two years if restitution is left. After that, restitution will be directed to collections.
A misdemeanor theft/fraud probation term cannot be longer than 2 years. That's the length of time that the probation department would be formally overseeing your life. So, extending your probation from the original 12 months to the 24 months max makes sense because you owe so much money. However, even if the full restitution debt is not paid off when your probation ends, be advised that a restitution order in a criminal judgment of sentence NEVER EXPIRES until the amount is PAID IN FULL. It does not go "poof" when your probation ends. It is a lien on your property. It can be collected out of your estate after you die if it is not paid in full by then. You cannot discharge it in bankruptcy court under current federal law. Victims who you owe restitution to can use civil collection proceedings to get the money from you after probation ends (including court hearings where you're asked about your assets and income sources, garnishment orders, even seizure of your property for public auction). As for what you heard the probation officer say ... some courts say that the criminal file stays open 'for restitution only' after the formal probation limit is reached because you can still be held in contempt of court for not paying the restitution even when you are off 'formal' probation. The terminology gets mixed in the translation.
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