If someone is arrested for failure to pay restitution, do they get released if restitution is paid in full or do they still have to sit the time?

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If someone is arrested for failure to pay restitution, do they get released if restitution is paid in full or do they still have to sit the time?

Asked on February 23, 2012 under Criminal Law, Wisconsin

Answers:

Nate H

Answered 2 months ago | Contributor

If someone is arrested for failure to pay restitution, whether they are released after paying in full or still have to serve time depends on the legal circumstances and the specific court order. In many cases, if restitution is the sole issue, the person might be released upon full payment. However, other factors can influence the outcome:
  1. Court Orders: If the arrest warrant or court order is conditioned on the payment of restitution, paying in full may lead to immediate release. The court might see the payment as satisfying the requirements.
  2. Criminal Charges: If failure to pay restitution was part of a probation violation or another criminal charge, the individual might still have to serve time for those violations, even if restitution is paid.
  3. State Laws: Different states have varying rules regarding the handling of unpaid restitution, including how much discretion judges have in determining whether someone can be released upon payment or must serve additional time.
It’s typically best to consult with an attorney or review the specific terms of the court's judgment to determine the exact situation.

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