ILNews

Restitution continues beyond probation period

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court affirmed today that trial courts must inquire about a defendant's ability to pay when they order restitution as a condition of probation or a suspended sentence and a restitution obligation continues beyond the end of a probationary period.

However, in Jeffrey Pearson v. State of Indiana, No. 45S03-0712-CR-574, the high court affirmed the trial court's order for Pearson to pay at least $150 a month in restitution as a condition of his probation even though the trial court didn't inquire about his ability to pay.

On appeal, Pearson only raised the issue of whether the trial court erred in ordering him to pay more than $50,000 in restitution during his one-year probationary period without determining if he could pay that amount.

Pearson was a police officer in the East Chicago Police Department and served as treasurer of the Fraternal Order of Police Lodge #59. When two widows complained to the lodge they hadn't received death benefits following their husbands' deaths, an internal investigation showed that funds were missing.

Pearson agreed to plead guilty to a count of conversion to have a felony theft charge dismissed. He was sentenced to one year in the Lake County Jail, suspended and served on probation, and ordered to make restitution to the victims. The state introduced evidence to show Pearson should pay more than $50,000 in restitution; Pearson argued he should only have to pay $300, but introduced no evidence to support his amount.

The trial court accepted the terms of the plea agreement and without making a finding to his ability to pay, sentenced Pearson to pay $52,685.97 in restitution in increments of at least $150 a month.

The Court of Appeals reversed the trial court order because it failed to determine his ability to pay and remanded the cause to the trial court.

In the unanimous opinion authored by Justice Robert Rucker, the high court does hold that a trial court is required to ask about a defendant's ability to pay when it orders restitution as a condition of probation or of a suspended sentence. The reason behind this is to prevent indigent defendants from being imprisoned for violating probation as a result of failing to pay the restitution, wrote Justice Rucker.

Pearson's argument in appeal is an assumption his obligation to pay back the restitution ends when his probationary period stops, but Indiana statute and previous rulings show that the expiration of a probationary period doesn't terminate the defendant's obligation to make restitution to a crime victim, he wrote, citing Indiana Code Section 35-50-5-3(f) and Savage v. State, 655 N.E.2d 1223, 1225 (Ind. 1995).

The Supreme Court reinstated the trial court's order, finding that because Pearson didn't challenge the amount of restitution or his ability to pay the $150 a month, there isn't a need to remand to the trial court.
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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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