Never Was Sentenced Now In Jail

[MikeA123]

What is the name of your state? Ohio

Ok, My uncle was charged for writing bad checks
He did everything he was supposed to do He served all of his community service and everything... I was in the court room and so was my grandpa when they sentenced him.. he got 30 days in jail..

They never said nothing about Restatution... i was there..

Well its been over 1yr since he wrote the checks more like 1yr 1/2
Anyway they turned around and said that Restatution was orderd.. he refused to pay it saying the judge never ordered it which i can say and my grandpa can say he never did order it.
Now about 1 week ago... they came here and arrested him for probabtion violation and he is now in jail...

Are they allowed to turn around and say that he has to pay restatution even if the judge didnt order it?

 

[I AM ALWAYS LIABLE]

My response:

You know, sometimes they just don't speak enough in court. So, it may NEVER have been said, BUT did YOU see his "Sentencing and Conviction Report"?

You see, it was up to his attorney to inform him of all of his sentencing requirements, and I'll bet you, dollars to donuts, resititution is in his Sentencing Report.

IAAL

 

[MikeA123]

No...

Nope... in his original papers it said nothing of restatution.. only months later did it say restatution...

 

[I AM ALWAYS LIABLE]

Re: No...

Nope... in his original papers it said nothing of restatution.. only months later did it say restatution...

My response:

Well, there you go - - better late than never.

What did your Uncle THINK was going to happen? Did he believe that the people he cheated and stole from wouldn't WANT THEIR MONEY BACK?

Is there a trailer in this story, somewhere?

IAAL

 

[MikeA123]

So they are allowed to go and change the sentence?

 

[calatty]

We would really have to see a transcript of the original sentencing proceedings and any later hearings to see what went on regarding restitution. Here in CA, for example, they can "reserve" restitution, have the probation office figure out how much it is, and then impose it, though the defendant has a right to contest it. The defendant has to be given notice that he is required to pay and how and when. If he wasn't, then they can't violate his probation.