Legal Question in Criminal Law in Oregon

court decision

Sirs, My wife embezzled $100k. Her punishment was 8 months in jail, 3 years probation and court fines for restitution for 3 years--total $135/month for 3 years. She just finished her probation. Now ''the courts'' changed their minds and said she has to make $100 court payments for the rest of her life. Is the legal and/or fair? ty sf 8/8 ps Do you have any opinions or suggestions on how to handle this change by the court? ty


Asked on 8/08/03, 3:59 am

1 Answer from Attorneys
Noel Snyder Law Office of Noel Snyder

Re: court decision

Payment of restitution is essentially a condition of probation and can be modified by the Court during the period of probation. Since your wife has completed probation the criminal court no longer has jurisdiction to enforce the terms of probation (i.e. revoke the probation) However what is typical in these kinds of cases is that the outstanding balance owed to the victim is converted into a civil judgment. While the civil judgment would be nondischargable in bankruptcy under 11 U.S.C. 523(4) collection would be limited to civil process such as garnishment, attachment or a judicial lien against real property. Since it may be difficult for the victim to actually collect this judgment that may give you some bargin leverage to offer a lump sump payment in exchage for a release of liability.

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Answered on 8/08/03, 12:08 pm


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