Legal Question in Criminal Law in Mississippi

failure tp pay restution

my husband has served all of his time for the charge. he was order to pay restution to the victim . we have attempted to send a little each month. now they want to lock him up for not paying the 7,000 off. can they lock him up for this even though the supreme court says there is ni debtor prison


Asked on 2/12/09, 3:28 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

Re: failure to pay restution

RESTITUTION WAS A PART OF THE CRIMINAL ORDER. IF PART OF HIS CRIMINAL SENTENCE WAS SUSPENDED BASED ON PAYMENT OF RESTITUTION THEY CAN REVOKE THE SUSPENDED SENTENCE AND REQUIRE THE RESTITUTION. ON THE OTHER HAND, IF HE HAS SERVED 100% OF THE TOTAL POSSIBLE SENTENCE AND HAS SATISFIED ALL OTHER ASPECTS OF HIS SENTENCE EXCEPT THE PAYMENT OF RESTITUTION AND IF HE CAN SHOW HE IS ABSOLUTELY BROKE AND HAS NEVER HAD ANY FUNDS WITH WHICH TO PAY PART OF THE RESTITUTION THEN HE PROBABLY CANNOT BE LOCKED UP FOR FAILURE TO PAY THAT WHICH WAS IMPOSSIBLE TO PAY. IF IT WAS POSSIBLE FOR HIM TO EARN THE FUNDS AND HE CHOSE NOT TO DO SO HE MAY BE EXPOSED TO FURTHER INCARCERATION.

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Answered on 2/16/09, 12:14 pm


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