Going to Prison for Not Paying Fine and Restitution During Probation
In Bearden v. Georgia, 461 U.S. 660, 103 S. Ct. 2064, 76 L. Ed. 2d 221 (1983), the defendant was placed on probation, and ordered to pay both a fine and restitution.
The defendant paid part of the amount, but lost his job and was unable to find work.
The State of Georgia revoked his probation and sentenced him to a prison term.
The United States Supreme Court held that the court must inquire into the reasons for the defendant's failure to pay.
If the defendant is financially unable to pay, the court must consider alternative punishments before sentencing the defendant to confinement. Id. 461 U.S. at 672-73.