Legal Question in Criminal Law in Michigan
I was told that my firend must pay his restitution because it will not go away no matter what, so in responce to that is it possible for him to go back to his mhome state and make payments on his restitution and stay out of jail while doing so. and if so how would he go about doing it?
This is an addition to the following question and answer.
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2 Answers from Attorneys
Restitution must be paid in full. It does not disappear with time, etc. It must be paid. If it s not paid while on probation, then the victim or prosecutor can use civil collection processes (garnishments, levies, etc.) to collect it. However, whether he "can return to his home state and make payments and stay out of jail" is an issue with the Judge if he is still on probation (or with the parole board if he is on parole) because his "approved place of residence" is not his own choice it is under the ultimate control of probation/parole/judge. If he wants to move away, he needs their approval, which might be allowed informally (write a detailed letter explaining the "why" and "where" parts, especially a firm plan in place so he is not allowed to move away simply to LOOK for a job). But it also might require a more formalized motion and hearing in the courtroom. Regardless, he should not move until he's had the court's ok. Jail time is an issue if the person owing restitution (1) has the ability to pay and (2) is wilfully not paying restitution as ordered. If he isn't paying because he has no ability to pay then he's not supposed to be going to jail for that issue. That said, his "ability to pay" might be scrutinized closely, so his failure to diligently look for work might not be a good excuse, or his extracurricular choices on spending the money he otherwise has for restitution (e.g., drugs, alcohol, cigarettes) may convince the court that he's got money to make the payments.
Why doesn't your "friend" mail the money to the victim and complete restitution before he considers a return to Michigan? It's his choice to include a return address. In-person payments are not required.
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