Legal Question in Criminal Law in Michigan

Ultimately, it is up to the judge. They could extend your probation or they could sentence you to two years probation on a misdemeanor for the maximum. If you fail to make restitution payments or pay your fines during probation that could be a violation of your probation. Once your probation is over any restitution amount will become a civil judgement and they could refer the matter to collections. That is how it is usually handled.

Actually, BOTH pieces of advice were (basically) correct. FIRST, the judge determines the actual amount of restitution to be ordered. She/He does that at sentencing based on all info about the full extent of the victim's losses (not the "victim's" losses, as you might put it), and can be what probation gathers and recommends but can also be based on what all sides present. If any party, including the Victim, objects to what the judge orders then another hearing will be scheduled on that issue. SECOND, while all restitution, fines and assessments are due in full at the sentencing hearing, if this cannot be done then the judge will determine what the payment rate will be (how much per month based on your ability to pay). Your ability to pay does not affect the amount of full restitution ordered, but can affect the monthly payment rate. THIRD, probation officers must review your payments at least twice per year and report all arrearages to the judge. You can be brought in for a probation violation if you are not paying as ordered and the non-payment is ruled to be "willful" -- meaning that you had the ability to pay more than you were, and did not. (So, if you use drugs, smoke cigarettes, go on vacations, eat out, etc. and are not paying as ordered, the judge can look at your recreational spending and question why that money wasn't being used to pay what was ordered. You could go to jail for these spending decisions. Restitution payments need to be your priority.) FOURTH, if you have not paid the restitution off within the original probation period, the court may extend the probation term (but is not mandated to do this). As noted by the first attorney, you can only be on probation for 2 yrs for a misdemeanor. FIFTH, the info you got that any unpaid balance becomes a "civil judgment" is wrong. The entire amount ordered in the criminal sentencing order IS a "judgment and a lien on all of the defendant' property" according to the victims' rights act from Day 1, but most judges will not sign the paperwork required for collections actions during probation, especially if the defendant is actually making the required payments. Nothing is "converted" at the end of probation. The victim, the prosecutor, or anyone owed money in the restitution order (e.g., insurance companies) can undertake collection actions against you: depose you to find out where your income, assets & property are; get garnishment orders (including your State income tax refunds); get orders to seize and sell your personal property. It's not word games that "it's not converted into a civil judgment". The laws do not require any conversion. This actually helps victims. Why? Civil judgments expire in 10 years. But the victims' rights act says that criminal restitution orders/judgments live forever until paid in full, and can be collected from your estate, and also paid to a victim's estate. Lastly, the federal bankruptcy code says that criminal restitution orders are not dischargable in bankruptcy. (You can run, but you cannot run away and you cannot hide forever.)