Salem - Restitution - Waived
Our client had been convicted of receiving stolen property in 2018 and was sentenced to a two year jail sentence. The sentence was suspended for two years of probation, meaning that she would not face the two years in jail unless she failed to successfully complete two years of probation. One of the conditions of her probation was that she was required to pay over $5,000 in restitution. The Court required her to make monthly payments until she paid this off.
Unfortunately, our client suffered financial hardships. Although she was working, she was also taking care of her sick child, and had no money left to make her monthly restitution payments. As a result, her probation officer issued a probation violation, and she faced the possibility of being incarcerated for the two years.
Attorney Alexander Conley represented our client. Attorney Conley discussed the case with the probation department, and the District Attorney's Office. He then requested a hearing pursuant to Commonwealth v. Henry. Under this case, a person cannot be found in violation of probation, nor can a person's probation be extended, solely based on that person's inability to pay.
After this hearing, in which our client's financial information was presented to the court, our client was found unable to make any payments. As such, all future restitution payments were waived, and our client was simply required to finish the remaining term of her probation.