State v. Schroder
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In November 2019, Vietnam veteran Bruce Schroder was charged with criminal mischief, a felony, after he removed an Uber sign from driver Jamie Hauge's car and pounded on the vehicle when several younger women offered Hauge cash for the ride and pushed Schroder out of the way. Schroder's charge was later reduced to a misdemeanor in exchange for his guilty plea and an agreement to pay restitution up to $4,930.07 as determined by the court. At the sentencing hearing, the court issued a 6-month deferred sentence and imposed a total of $2,039.20 in restitution and fees to be paid in monthly installments of $340.
Schroder appealed the decision, arguing that the District Court erred in imposing restitution against him without fully considering his ability to pay. The Supreme Court of the State of Montana disagreed. The court found that there was a plea agreement in place where Schroder had agreed to pay restitution in any amount up to $4,930.07 as determined by the court. By signing this agreement, Schroder had affirmatively represented to the court that he had the ability to pay that amount. Moreover, at the sentencing hearing, Schroder made no claim of duress or undue pressure in entering the plea agreement.
The Supreme Court of the State of Montana thus affirmed the lower court's decision, stating that while it is better practice for a district court to thoroughly analyze a defendant’s ability to pay restitution, fines, and fees at sentencing, under these circumstances, it could not fault the District Court for not making a more thorough inquiry into Schroder’s financial ability to pay.
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