Legal Question in Criminal Law in Minnesota

Restitution & probation on Felony charges

An order was created in a civil court which I was never notified of (I later have learned that they served me through publication). And, since I do not have the funds to try and appeal the civil case ruling (if its even possible; the order was signed in April of this year). Anyway, the State of MN (Hennepin County) is offering me a plea bargain of restitution and 5 years probation for receiving stolen property in access of $5000. I haven't received the amount of the restitution, but am assuming that it is over $100,000. Since I am basically homeless and do not have a job or funds, what I want to know is: What are possible restitution payments & what if I simply cannot pay? Will they put me in jail? What if I'd rather live under a bridge then pay the restitution? I would rather do that then give the person who claims that I took his (my) stuff and somehow got this turned into a criminal matter. I also want to know what is typical on the probation as far as if will (needs) to be supervised. Can I simply call in as I have never had any law related issues in my life and I am 47 years old.


Asked on 7/16/09, 1:02 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Restitution & probation on Felony charges

First of all, with regard to the civil matter, you would have to file a Motionto reopen the Judgement. Such a Motion would not be inexpensive and you would have to demonstrate a basis or reopening which could include, fraud.

Second, the criminal matter is a spearate matter entirely. To convict you of a felony, the theft must be an amount over $1000. If convicted, the probation office would determine restitution. If you wiish to challenge restitution, you may request a restitution hearing within 10 days of the restitutuion amount being established.

If you are unsuccessful in challenging restitution, a failure to pay that restitution would constitute a probation violation which could land you in jail rather than under a bridge.

For a consultation call 612.240.8005.

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Answered on 7/16/09, 4:34 pm


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