Criminal Felony Case Revocation of Probation

[CABecker01]

Missouri Law
9 year old felony case
Have been on probation for 7 years, scheduled to end May 18, 2008
Judge revoked probation for the inability to pay full restitution by end of probation.
Accused of stealing $380,000, contested throughout court hearings.
During initial trial, I contested this amount and stated that it was
closer to $230,000-250,000. I have remitted $230,000 as of April 1, 2008

I have already spent 4 months in a prison work-release program and 4+ months in prison, plus 7 years on probation.

Now the judge is threatening prison time again if I do not remit full restitution.

Attorneys for the "victim" have spoke with my attorney and do not feel prison is necessary.

PROBLEM: Since I am branded with FELONY on my record, good paying employment is impossible. I have health insurance through my current employer and I pay to have my husband covered also. My husband is currently fighting inoperable small cell lung cancer (5% survival rate for 2 years) which means 95% terminal in less than 2 years). If I am sent back to prison I lose my job, therefore I lose health insurance and therfore my husband loses his coverage.

Being a pre-existng condition, health insurance coverage for himself is nearly impossible. The two companies that would allow limited coverage, require huge monthly premiums. Since diagnosed with cancer, my husband has not been able to work full time, and just recently was advised to limit his physical labor to a bare minimum. Since he is self-employed in the heating & cooling business, no physical labor, means no work. Without my income he could not afford the insurance.

By sending me to prison, the judge inadvertently issues my husband a death sentence (2-4 months without medical care).

Does anyone have information on Missouri criminal law, that limits this type of controlling power by a judge or prosecutor. My case has been going on for 9 years.

My understanding is that if the court could show that I had the monetary means to remit the remaining restitution in full, they could sentence me to prison for refusing to follow the court order. If they could not demonstrate that I had the monetary means, they could not order me to prison for the inability to make payment.

Can anyone throw some light on my immediate crisis.

Drowning in fear. Help is need ASAP.

Thank you for any assistance you can give.

see your other post...