Legal Question in Criminal Law in Minnesota

Interest

Back in 1985 I was convicted of welfare fruad. It is concidered a felony until I pay restitution. I'm still paying on that today, because of the interest. Can they be charging me all this interest?


Asked on 6/22/00, 11:19 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Interest

Without doing any research, I can tell you that since you appear to be "on probation;" that requiring you to pay interest on restitution ordered would likely be found to be a reasonable condition of probation by an appellate court. As I recall, "ability to pay" can be taken into account by a sentencing judge, and, you probably could ask the sentencing judge for a hearing to determine whether you have "ability to pay" interest on the restitution. The best solution obviously would be to pay-off the restitution including the interest, in full, and then seek early release from probation -- in order to hasten the improvement of your employment prospects, etc.

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Answered on 9/14/00, 1:16 pm


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