State v. Stachowski

Defendant was criminally charged with failing to perform home improvement contracts and acting as a contractor without a license. Three separate home improvement contracts with different residents formed the basis of the charges. The charges were resolved through a plea agreement. As a condition of his probation, Defendant was ordered to pay restitution to each of the three victims. Defendant failed to make the restitution payments, and the district court determined that Defendant violated his probation in each of the three cases. In the meantime, Defendant was charged with obtaining property or services by issuing a bad check. Defendant pleaded guilty to the bad check charge and to the three probation violation charges. In sentencing Defendant, the circuit court conditioned probation in the bad check case on the payment of restitution to the victims in the home improvement cases. The court of special appeals struck the restitution requirement of Defendant’s probation, concluding that the circuit court was without authority to condition probation in such a manner, but otherwise upheld the sentence. The Supreme Court reversed, holding that the circuit court had authority to condition Defendant’s probation on the bad check conviction on his payment of restitution to the victims of his home improvement fraud. View "State v. Stachowski" on Justia Law