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Confinement imposed by the courts to remain in state

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dsaldo

Guest
What is the name of your state? Michigan

A friend who was convicted of arson while under mental duress spent two years in jail. No one was hurt but now the state is confining him to the state because of the inability to pay back over 140,000 dollars restitiution. He lost his job and professional stature because of the incident. When his family tried to negotiate with the state, the injured parties would not except anything but full restitiution. My friend is working for minumum wage and paying restitution back 200.00 dollars a month. If he leaves the state does Michigan have the right to bring him bacK? Or will the state he goes to give some protections. He is on parole until the restitution is paid back, which means the rest of his life.
 


HomeGuru

Senior Member
dsaldo said:
What is the name of your state? Michigan

A friend who was convicted of arson while under mental duress spent two years in jail. No one was hurt but now the state is confining him to the state because of the inability to pay back over 140,000 dollars restitiution. He lost his job and professional stature because of the incident. When his family tried to negotiate with the state, the injured parties would not except anything but full restitiution. My friend is working for minumum wage and paying restitution back 200.00 dollars a month. If he leaves the state does Michigan have the right to bring him bacK? Or will the state he goes to give some protections. He is on parole until the restitution is paid back, which means the rest of his life.
**A: tell him to find a job that pays more and follow the court order.
 

JETX

Senior Member
"If he leaves the state does Michigan have the right to bring him bacK?"
*** Yes. Especially since he is still on parole.

"Or will the state he goes to give some protections.'
*** You're kidding right?? If he violates his parole in Michigan and flees to another state, he will be subject to arrest ANYWHERE at anytime.
 

calatty

Senior Member
In Bearden v. Georgia (1983) 461 U.S. 660, the United States Supreme Court held that it is unconstitutional to imprison someone for failure to pay a fine unless he willfully refused to pay the fine, and that he should not be imprisoned if he made a good faith effort to pay but couldn't. Decisions of the US Supreme Court apply to every state. Either the judge concluded based on the evidence that your friend was not paying what he could be paying, or the court made an error.
 

JETX

Senior Member
Calatty, I read the posters statement "No one was hurt but now the state is confining him to the state" to be that his parole restricts his leaving the state, not that he has been imprisoned.
 

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