Legal Question in Criminal Law in Michigan

I was sentenced to pay restution and serve 5 years of probation in the state of michigan. I currently have 5 months left of probation, and have served this long without any violations. I owe alot of money, and have been paying what I could. I normally send 25-50 bucks a week, i know it's not much but it's at least something, as I do not make much and I am the only income in my household of 4. My question is, I was told that the most probation i could serve was 5 years due to being michigans max for a county sentence...can they extend my probation if i still owe restitution...will they discharge me? Will they violate me for not paying enough? Even though I don't have the funds to pay more...I have my welfare papers to prove that...I just don't know what to expect from this. I have heard that the balance will get turned into a civil suit? Well how does that work? I am currently transfered to another state for supervision due to a move..when I inquire to my reporting agent, she advises me all questions go through my home state...when I inquire there i get different answers, or no call back.

Answer (1 of 1) The length of probation cannot be longer than that allowed by law, which is usually 5 yrs for a felony (but some charges specifically allow for lifetime probation). If you were AWOL from probation at any time, that time span can be tacked onto the end, tho. Whatever you still owe for restitution at the end of probation is still owed to the victims until paid in full ... it is a debt that's owed forever until paid in full to the victim or the victim's estate. It does not expire, and cannot be discharged in federal bankruptcy (under current bankruptcy laws). But there's no need for the victim to file a civil suit unless there's other civil damages claimed that were not awarded as criminal restitution (example: pain & suffering). Otherwise, the criminal judgment of sentence's restitution order IS the civil judgment and already IS a lien on your property. So the victim or prosecutor can use typical collection processes to get the rest of the money owed.

Neil O'Brien

Sr. Assistant Eaton County Prosecuting Attorney

1045 Independence Blvd

Charlotte, MI 48813

My question is to this response is:

I do not own anything, I do not own any property, timeshares, anything worth value. I am barely getting by as it is. The only thing I do own is a vehicle which is 12 years old and not worth much. So there are no assets to collect from. However, are you saying that down the road when my financial means comes around this civil collection will prevent me from having credit where I would be able to establish a home of my own, vehicle or anything else until this restitution is paid in full... Will this outstanding issue still show up after 7 years on a background check showing that I still owe money? I was told that filing bankruptcy would eliminate this debt, but that's not the case? I just need clear answers to know what path to take. I intend to pay this debt however, right now I am paying bare minimum cause it's all I can afford.

Thank you so much for helping me out, I am totally lost of this and I am not getting much information from the probation debt.


Asked on 7/15/10, 10:20 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

I'm not a bankruptcy expert, but I do know about Michigan's criminal restitution laws. Because of that, I have looked at some of the federal bankruptcy laws and cases that impact restitution. Here's what I have found: Restitution orders are not dischargeable in bankruptcy. 11 USC 1328(a)(3) says that restitution that is included in a sentence on a debtor�s criminal

conviction is not dischargeable. 11 USC 523(a)(9) says that there is no bankruptcy discharge for debts for death or personal injury caused by drunken or drugged operation of a vehicle, vessel or aircraft. [This was added to supersede Pennsylvania v Davenport, 496 US 552 (1990), which ruled that state criminal restitution debts were dischargeable in bankruptcy.] You could also look at two federal court opinions: Troff v Utah, 329 BR 85 (2005); Kelly v Robinson, 479 US 36, 50 (1986). Also understand that Michigan's crime victims' rights act says that a criminal case restitution order never expires until it is paid in full. See MCL 780.766(13). I can't comment on what the possible collection options are but they could include garnishing bank accounts, garnishing wages, garnishing your Michigan income tax refund (and the Feds have a bill pending to allow garnishment of federal tax rrefunds but that's not law yet), and even seizure-and-sale of some property.

Read more
Answered on 7/16/10, 1:00 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan