Can a Defendant’s Inability to Pay Bar Restitution Order?

Most people, in consideration of the question posed in the title to this blog post, would answer no, explaining that no one should avoid paying restitution if he or she is poor because otherwise, that person would be afforded preferential treatment at the victim’s expense no less. What if the “restitution” ordered is $1,500 for a victimless crime, such as a sex offender’s failure to register? This order was challenged at the appellate court level. To read how the appellate court ruled, please click on the following link –

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