Legal Question in Criminal Law in Michigan

Re: Probation violation for not paying all restitution.

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Re: Probation violation for not paying all restitution.

If your probation has "ended", what "court date" do you have coming up? If your probation has ended, then there should not be any more court dates under the criminal case. If your probation has ended, then you cannot be held in criminal contempt of court (and get jail time) for not making further restitution payments.

A judge cannot put you in jail (as a probation violation) for failing to pay restitution unless there is also evidence that you had the ability to pay and were wilfully not paying what you could pay.

A restitution order is a judgment against you and never expires until it is paid in full. You cannot discharge it in bankruptcy.

A victim or prosecutor can use civil judgment collection options to collect the money, incuding subpoenaing you into court periodically to get information to help them collect the money from you; garnishing wages or Michigan tax refunds or bank accounts; using a process to seize property and have the sheriff sell it; putting a lien/levy on your personal and real property; etc.