Failure to Pay Restitution: Is This Really a Violation of Probation in Fort Myers?

Many convicted criminals have to pay “restitution” as part of their sentences. This is often a challenging financial burden, especially since a criminal record can make it so hard to earn an income. If you fail to pay restitution, does this really count as a probation violation in Fort Myers? Will you go back behind bars if you fail to pay your restitution? These are questions you might want to raise with an experienced defense attorney.

When Do I Have to Pay Restitution?

Restitution is not always a condition of probation. This condition may be more common for certain offenses, including vandalism, theft, and fraud. Florida law states that restitution is necessary whenever a crime leads to “damage or loss.” For example, the court might order you to pay $10,000 in restitution after defacing public property.

Sometimes, convicts must pay hundreds of thousands or even millions in restitution as part of their probation. These higher sums are common for those convicted of white-collar crime, especially if the convicts still have considerable sums available after their convictions.

Failure to Pay Restitution Is a Legitimate Probation Violation

First, you should know that courts in Florida may decide that you have violated your probation simply because you failed to pay restitution. When you get probation, you agree to follow all of the various conditions of your release. Violations of any type can theoretically end your probation, forcing you to serve the rest of your sentence behind bars.

What if I Genuinely Can’t Afford to Pay My Restitution?

If there was no way that you could have possibly paid your restitution, this might not “count” as a probation violation. However, you have the burden of proof in this situation. In other words, you must prove to the court that you couldn’t afford to pay restitution, and that you didn’t simply “choose” not to pay.

All probation violations must be intentional. If you intended to pay the restitution but financial realities prevented you from doing so, you shouldn’t have to experience unnecessary penalties.

Judges in Florida must respect your rights in this situation. They must give you a chance to explain why you didn’t pay the restitution, and you have the right to present evidence in this situation. Even if a lower court initially revokes your probation, you may be able to appeal the decision and continue enjoying your freedom.

Can a Fort Myers Probation Defense Lawyer Help Me? 

If you need help with probation, consider speaking with an experienced Fort Myers probation violation attorney. While it’s true that failing to pay probation can theoretically put you back behind bars, your defense attorney can fight for your rights in this scenario. As long as you successfully prove that you can’t possibly afford to pay the restitution right now, you shouldn’t face unfair punishment. Continue this conversation with The Foley & Wilson Law Firm today.

Source:

 leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.089.html