Legal Question in Criminal Law in Nebraska

Restitution

I was convicted of Theft by Deception, ordered to pay restitution and was given 5 years probation. What happens if the probation ends and I still have resitution to pay?

I have paid a little over half of the money owed. (The total was 30,000.00).

Thank you.


Asked on 1/19/03, 9:12 am

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: Restitution

If restitution is part of the order of probation, you will violate the terms of your probation if it is not paid at the end of your probation period. If you violate the terms of your probation the County Attorney may charge you with a probation violation. The court would then have several options open to it: 1. extend your probation period until restitution is paid, [however, there is a limit to the total time period a person may be placed on probation, and the court may not have any more time left to extend it] 2. terminate your probation unsuccessfully, [this ends your probation, but would prevent you from expunging your conviction without a pardon from the Board of Pardons, and would make it more difficult to receive probation on any future cases]; 3. terminate your probation successfully, [which is not likely since you've not paid restitution];4. revoke your probation and resentence you on the original conviction to imprisonment and/or a fine between the maximum and minimum set for the conviction.

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Answered on 1/20/03, 12:08 pm


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