Credit: Inked Pixels/Shutterstock.com Court: Defendant Shouldn't Have Been Jailed for Failing to Pay Restitution That Was Never Scheduled
"This case demonstrates that these are not merely academic concerns: the defendant's probation was erroneously revoked because neither the parties nor the judge focused on the fact that the defendant had never been adjudged to have the ability to pay restitution and that no payment schedule had been set before the probation department issued the probation violation notice. Worse yet, the defendant was sentenced to a period of incarceration as a result of the error."
January 31, 2023 at 09:00 AM
4 minute read
You can't violate your probation by failing to pay scheduled restitution if no restitution has been scheduled, the Massachusetts Appeals Court has ruled, reversing an order that revoked a defendant's probation and imposed a sentence of incarceration.
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