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Payment of Restitution

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klmchaffin

Junior Member
What is the name of your state? New York

My son served one year of a possible 3-year term for grand larceny, destruction of property and a number of other charges. He was also ordered to pay restitution of several thousand dollars within 10 years of his release. (He was sentenced as an adult but his record was supposedly sealed after his release, as he had committed the crimes as a juvenile.) He was released on one year's probation (to California), which he completed successfully in 2002. He has since been living in Mexico but wants to return to the States. He is a afraid that if he does not begin paying restitution he will be reincarcerated. What is the law regarding payment of restitution? What would happen if he moved to and began working in a state other than NY? What if he was unable to find employment?

Thank you.
 


Just Blue

Senior Member
What is the name of your state? New York

My son served one year of a possible 3-year term for grand larceny, destruction of property and a number of other charges. He was also ordered to pay restitution of several thousand dollars within 10 years of his release. (He was sentenced as an adult but his record was supposedly sealed after his release, as he had committed the crimes as a juvenile.) He was released on one year's probation (to California), which he completed successfully in 2002. He has since been living in Mexico but wants to return to the States. He is a afraid that if he does not begin paying restitution he will be reincarcerated. What is the law regarding payment of restitution? What would happen if he moved to and began working in a state other than NY? What if he was unable to find employment?

Thank you.

If he doesn't pay the restitution he will go to jail...Non-payment is not an option...they will issue a warrant for his arrest and will extradite him to New York where he will spend a year in prison plus the additional sentence for contempt of court.
Tell your son to pay his debt!
 

outonbail

Senior Member
He is a afraid that if he does not begin paying restitution he will be reincarcerated.
He should be afraid. He was ordered to pay restitution as part of his sentence. Why is he even considering not paying what the court ordered?

What is the law regarding payment of restitution?
You stated it was court ordered, what more is there to understand?
What would happen if he moved to and began working in a state other than NY?
He would have to mail his payments from whatever state he is living/working in.
What if he was unable to find employment?
Then going to jail will be no great inconvienece.

Tell him to man up and do what he's been ordered to do and stop coming up with so many reasons why he can't. He's ony postponing the inevitable.
 

klmchaffin

Junior Member
Thank you

Thank you to all who responded. I was not trying to find loopholes for my son to weasel out of his debt; only to find out what sort of time frame/leeway he had. I appreciate all your advice.
 

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