Can You Be Arrested for Not Paying Restitution in Oklahoma?

Can You Be Arrested for Not Paying Restitution in Oklahoma?

Restitution is a court-ordered payment that a person convicted of a crime must make to the victim to cover losses caused by the offense. In Oklahoma, the law clearly defines restitution and the consequences of failing to pay it. According to the state’s statutes, restitution includes money paid for damages, loss, or injury directly resulting from the crime. Okla. Stat. tit. 22 § 114.The court can include restitution as part of a sentencing agreement, and failure to comply with this order can lead to serious legal consequences.

When someone does not pay restitution as required, the court may hold that person in contempt. Contempt of court for nonpayment means the individual has disobeyed a court order by not fulfilling their restitution obligation. However, being held in contempt does not automatically mean an arrest will occur. The court must first determine whether the failure to pay was willful or due to inability to pay. Okla. Stat. tit. 22 § 991f.This evaluation ensures that someone is not punished simply because they cannot afford the payment.

If the court finds that the nonpayment is willful, it can issue a warrant for arrest. This process is part of indirect contempt, which involves violating a court order outside the presence of the judge. The jury instruction for such cases explains that to hold a person in contempt, the court must prove beyond a reasonable doubt that the individual knowingly failed to pay restitution as ordered. OUJI-CR 3-23.

It is important for anyone facing restitution obligations in Oklahoma to understand their rights and responsibilities. Consulting with a knowledgeable criminal defense attorney can help clarify the legal process and protect against unlawful arrest or penalties related to restitution nonpayment. An experienced Oklahoma City attorney can provide guidance on how to address restitution orders, including negotiating payment plans or challenging the amount owed.

If you need legal help, call Wirth Law Office – Oklahoma City at (405) 888-5400.