Ascheman & Smith Blog

 

Restitution while on Probation - There is an end to the tunnel

If you are facing a massive amount of restitution and you're afraid that you will stay on probation forever, I have some good news for you...

A12-0150

State of Minnesota, Appellant. vs. Malena Maria Barrientos, Respondent.

Freeborn County District Court, Hon. Steven Schwab.

When a defendant fails to pay court-ordered restitution, the district court, after a hearing, may extend the defendant's probation for up to one year, with the option of an additional one-year extension after a second hearing.  The district court does not have the authority to extend the probationary period beyond these two one-year terms, even if the defendant's sentence is less than the statutory maximum for the offense.


Affirmed.

By:Landon J. Ascheman, Esq.

Landon@AschemanSmith.com

(B) 612.217.0077 (C) 651.280.9533



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