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  1. #1
    Join Date
    Apr 2011
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    2

    Default What Happens After Probation is Over

    My question involves criminal law for the state of: Ga

    I just completed 8years of felony probation for "theft by taking". I was given probation for 8 years and 14k restitution. My probation period just need this past week. I still have about 6k of unpaid restition that has not been to courts. My probation officer did not give me a future report date on my last visit.

    About midway through my probation I was put on a non reporting status. Only had to send fee monthly by mail. Stop send payments duebto job loss. Warrant was issued for nonpayment. On Sept 2010 I was pulled over for not wearing a seatbelt. A check revealed that I had warrant for non payment. I spent 30 days in jail before I got a hearing. Judge did not revokenprobation or put toll on probation. She ordered 1 year ankle monitor. I have had it on 6 months now and my probation has ended.

    I know I will need a lawyer, that's a given. I called the one I used to get me out last Sept to ask what next steps are. Frankly I don't think he was accurate with his assessment that I'm done and don't have to pay remaining restitution. Since that was part of my probation, I'm sure it has to be paid fully. Again therebis no toll on my probation. Judge did not revoke after being picked up for non payment and reporting.

    This case was in Gwinette Co. I know they are pretty tough.

    Questions:

    Can judge require me to keep ankle monitor on?
    Section 17 in Ga criminal code makes reference to whatever comes first, restitution or probation served.

    I need a local lawyer that works with g
    Gwinette co folks. If u have time for my case please contact me.

    Any info u can provide here please do so..

  2. #2
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    Default Re: What Happens After Probation is Over

    I am not sure what you're telling us - whether you've been making small but consistent payments toward your restitution over the course of your probation, with the knowledge of the probation department that you would not pay off the entire obligation at that rate, or if you chose to stop paying restitution pretty much the moment you went onto non-reporting probation. Your progress toward payment of restitution is supposed to be reviewed twice per year, OCGA § 17-14-14 - you're stating that nobody ever discussed this with you?

    If you chose not to dispute the amount assessed for restitution eight years ago, you should not expect that the court will be interested in hearing you complain that the amount assessed was too high, but the court is authorized to review the amount under OCGA § 17-14-12.

    We're not in a position to second-guess your lawyer. If you don't trust his advice, consult a different local lawyer who can review the court records and procedural history of your case.

  3. #3
    Join Date
    Apr 2011
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    2

    Default Re: What Happens After Probation is Over

    Thanks Mr.Knowitall,

    Amount of Restitution is not in dispute. For the first 22 months I paid double the amount set by my PO. Then had job loss and several years under employment,medical bills, etc. After release from my 30day holding in Sept 2010, I began paying again. PO simply told me to pay what I could each month, so I sent in$100 for last 6 months. Now my 8 Year term expired on April 23rd of this month. PO told me that I didn't need to report again. I'm in the process of putting together the remainder of the restitution which is around 6K.

    Someone had to have reviewed the case about 5 years into the probation period because thats when they issued a warrant for non-payment. I went around for almost 2 years without even knowing I had a warrant out for non-payment. Found out when I was stopped for no seat belt in Sept 2010.

    My question was simply, What Next? Will I receive a call or mailing that will say , "Hey You still owe", or " Hey you have not finished paying" or as in section (b) below until my time has expired.

    The only thing I could find was from Georgia Code
    Criminal Procedure - Title 17, Section 17-10-1
    (a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section 17-10-6.1.
    (2) Probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, restitution, or other funds, the period of supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs. Probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles.

    http://law.onecle.com/georgia/17/17-10-1.html


    Another Question was, I still have this ankle monitor on. When I went to court on Oct 6th, Judge required it. Said it was to stay on 1 Year. If probation ended, how can be required to wear it? My first thought was that this Judge slaps everyone with a year ankle monitor. It seem to be a bing money maker here in GA, for everyone. Had they reviewed my case close enough they would have known that I had about 6 months left on my sentence. I mean on my report date in March my Po gave me a April report date for April 27th, then said "heck I can't give you a date after you through now can i?"

    So PO office says I'm through as far as they are concerned. They know that I have not fully paid. Are they just pushing another warm body out the door so they don't have to deal with anything? Like you said, GA code requires them to review twice a year. One would think that they would receive a bad review for not doing their job.


    Since I am perfectly aware that the terms of my probation spell out that restitution is a condition of my FOA probation, the fact that my lawyer saying that I didn't have to finish paying restitution leads me to believe that something is perhaps not correct with his answer.

    At any rate I'm looking into another lawyer tomorrow and get another perspective on the matter.

  4. #4
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    Default Re: What Happens After Probation is Over

    If the judge discharges you from probation despite the unpaid restitution balance, a tether that's a condition of probation should no longer be required. If the judge extends your probation such that you can continue to make payments toward your restitution, then the judge can continue the other terms of your probation.

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