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Are there any consequences to the defendant for non-payment of restitution?

April 26, 2017consequences defendant non-payment Restitution

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Are there any consequences to the defendant for non-payment of restitution?

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• Yes. A.R.S. 13-810(A) states, If a defendant . . . defaults in the payment of restitution . . . the clerk of the court . . . shall notify . . . any person entitled to restitution pursuant to a court order. The court . . . shall require the defendant to show cause why the defendants default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendants appearance. • A.R.S. 13-810(B) states, If a defendant has willfully failed to pay restitution or has intentionally refused to make a good faith effort to obtain the monies required for payment, the court shall find the default constitutes contempt and may do one of the following: • Order the defendant incarcerated in the county jail until the restitution or a specified part of the restitution is paid. • Revoke defendants probation and sentence the defendant to prison pursuant to law. • The court may issue a writ of criminal garnishment pursuant to A.R.S. 13-812.