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.


Asked on 7/12/10, 10:31 am

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

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.

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Answered on 7/12/10, 2:28 pm


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