Sunday, July 7, 2002

What Happens if I Can't Pay Restitution in a Criminal Mortgage Loan Fraud Case?

Often, when a person commits a crime, he will be required to pay restitution upon his release. This means that the person will have to make payments to the court or to the parties that he injured because of his crime. In the case of a criminal mortgage fraud trial, an individual may be required to pay the people he swindled. If you can't make these payments, your fate depends on several factors.

Restitution

    When a person is released from prison -- either on parole, probation or because he maxed out his sentence -- if he owes restitution, then he will be responsible for making payments to the people who the court deems he owes money. This restitution is a component of his sentence. A failure to pay the restitution on time can result in additional penalties, depending on the laws on the court in which the case was tried.

Debt Relief

    If a person cannot pay back the money he owes because he is indigent, then he may be able to petition his parole officer or the court for some help in paying back the debt. In some cases, the restitution may be lowered or the judge may allow the person to take more time in paying back the money he owes. However, if relief is not granted, the person may face additional penalties.

Penalties

    In some cases, a person who has failed to pay restitution will be charged additional money for the lateness in his paying. However, a person will not often be sent back to jail because he has failed to pay his restitution unless it can be shown in court that he has the money needed to pay back the restitution but is using it in other ways. In such an instance, the judge may argue he has violated his parole.

Considerations

    What will happen to a person who does not pay his restitution will depend very much on both the attitude of the court and policies of the jurisdiction in which he has been ordered to make payments. In some areas, enforcement of restitution payments is very lax. For example, according to television station FRQE in Albuquerque, New Mexico, the city has very few resources to force ex-offenders to pay what they owe.

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