I was arrested On a Petition To Revoke Suspended Sentence for failuring to pay restitution.
In 1996 I accepted a plea bargain and was given a term in prison as well as being ordered to pay restitution. The amount of restitution had not been determined when I entered my plea but it was agreed I would have to pay no more that $20,000. A few months later an Order from the judge came in the mail setting the amount at $25,000 to be paid at $200 a month beginning 30 days after my release from prison. No hearing was ever held allowing me opportunity to contest the amount.
A insurance company was beneficiary to $22,000 dollars of the restitution. They agreed to discharge me of this debt to them. I got new charges as well as petitions to revoke suspended sentences. I accepted another plea bargain and returned to prison. At sentencing the judge discharged me of all resitution in my old cases. My public defender told me when I came out I would owe no one. Parole Board told me at my release hearing that all restitution had been satisfied. So, I never bothered with the insurance company again.
Considering myself very lucky with nothing hanging over my head any longer that could return me to prison, I decided to end my criminal career.
I had been out for two years on parole and had not been in any trouble. Then at a traffic stop I was arrested on a Petition to Show Cause as to why had had not paid restitution. I was shocked. it was on the old case that was not to exceed $20,000. I went to the courthouse got a copy of the agreement I had signed and sure enough this one case numbered was not listed.
I was appointed a public defender explained it all to him. Told him that the insurance company had been wiling in the past to discharge the $22,000. I talked to the insurance company agian, they were still willing to uphold their prior agreement with me and told me to have my PD call them. He would not. He later told my mom he thought was just wishful thinking.
The insurance company was really only wanting to hear from him to have some support of the facts I had told them of my indigence and that I was trying to live an honest life. Not just conning them.
They became aggravated with the PD as they were willing to help me out if I was being honest. They went ahead on my word alone and faxed him a letter to present to the court that they had dichargerd my of the debt to them.
I was found guilty of criminal contempt sentenced to 30 days community service and ordered to pay $2000 to another beneficary of the restitution. The amount of restitution was not to exceed $20,000. I paid $2450. The agreement I made with the insurance company cleared $22,000. Should I still be held responsible for $2000 more?