Legal Question in Criminal Law in Minnesota

Year In jail "Hanging" over my head...

I pled guilty to Theft over $2500 and was sentenced to restitution of the amount I stole, 10 days in the workhouse and 10 years probation (this is my first time ever in trouble with the law). Well, next month is when my case comes back up because my probation period is ending, but I am still owing $9000 in restitution. My PO says I'll be brought back into court if it is not paid. The year of jail time hanging over my head means what? If I don't pay the $9,000 before end of 10 years I go to jail for a year?


Asked on 3/04/11, 12:33 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

It's possible, and does happen. Sometimes the judge will agree to lengthen the probation period instead, to give the probationer more time to pay. The court do a combination - a little jail time now, and lengthen the probation a couple few years. Sometimes the court will convert the restitution to a civil judgment, perhaps after trying the other approaches.

If I were that defendant none of these alternatives would be palatable. Paying it off would be best since: probation could end on time, avoiding more incarceration (a week, a month, or a year); and even a civil judgment would be harmful, on credit reports, prolonging the "bad record."

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Answered on 3/04/11, 1:01 pm


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