Court: Defendant Shouldn’t Have Been Jailed for Failing to Pay Restitution That Was Never Scheduled |

You can’t violate your probation by failing to pay scheduled restitution if no restitution has been scheduled, the Massachusetts Appeals Court has ruled, reversing an order that revoked a defendant’s probation and imposed a sentence of incarceration.

This ruling is in response to a situation that started in the fall of 2018, with a defendant being sentenced to administrative supervision by the probation department until Oct. 29, 2020, which included a requirement that he pay restitution in the amount of $2,375.

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