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  1. #1

    Default Balance Of Restitution After Discharge From Probation

    I had a felony conviction in 9/1999 that had 3 counts. 1) 487 grand theft 2) 459 burglary 3) 459 burglary. Ordered to 97,000 restitution and 5yrs probation, this is in California.
    Completed probation, no violations or traffic tickets or fines, this was my one and only offense. I made payments while I was on probation but most of it was not paid.

    I was Not taken to civil court and after probation was finished I received no form of correspondence from probation dept. or court and I stopped paying. I'm trying to see if I'm eligible to get this reduced to misdemeanor and possibly expunged.

    I saw a thread under modifying a restitution order that said, if you were discharged from probation, that would normally end payment of restituion through the criminal case.
    Questions
    1) Could it be that after probation discharged that is the end of restitution?

    2) How can I find out if I still have to pay restitution?

    3) How can I find out what my current criminal status in regards to the case/restitution?

    4) Is there any form of relief that would help me get gainful employment? Realistically, I will never be able to pay this off completely in my life time unless I won the lottery.

    I just remember in my last court appearance when probation was ending, judge said to make my last 3 payments, which totalled $30 to probation dept. I had 3 more months before it was offically over at that time. That was it heard no more from anyone.
    Please advise

  2. #2
    Join Date
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    Default Re: Balance Of Restitution After Discharge From Probation

    1. If you are discharged from probation, that would end the possibility of nonpayment of restitution as a basis for the violation of your probation.

    2, 3. Ask the court or probation office.

    4. What is stopping you from getting a job?

  3. #3

    Default Re: Balance Of Restitution After Discharge From Probation

    Thanks for your input, this site very informative. Finding a decent paying job with benefits is hard to find in my town and so far the felony is my biggest problem.

    The court where my case was is approx. 2 ˝ to 3 hr drive from me. I would like to get info online if possible if not I will go to the court. Looking for suggestions on reliable sites.

    Questions
    Where can I obtain a criminal background check? (I want to get an idea of what’s showing up on me)

    Since the Judge didn’t say anything about not paying all of the restitution but discharged probation, Can I find out if anything was written about that?
    Do you know if a judge has to address any unpaid restitution or is that just up to the judge?
    Could a criminal background check give that sort of info?
    If not, any place online to get that info?

    Several people have told me that even though I didn’t payoff the restitution I should still be able to get felony reduced to misdemeanor.
    Do you know if that is true? Is that possible?

    I have searched several online sites that perform this service but most say you needed to have paid off restitution before they can help you. This is where I get stuck.
    Do you think this is lost cause or should I keep trying?
    Can I go to the court and request this myself or is it better to be handled by a lawyer/law office?

  4. #4
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Balance Of Restitution After Discharge From Probation

    The one thing I do not understand about this, is how can it be a violation of probation if your probation is over.

    Correct me if I'm wrong but when your probation is over will that makes you a free man and can do anything you like without to worry about getting in trouble with your probation officer or the court or are you still in probation?

  5. #5

    Default Re: Balance Of Restitution After Discharge From Probation

    There is no violation of probation. I want to get this felony reduced to a misdemeanor. I was orginally ordered to pay 97,000 in restitution, when probation ended I still owed let say 95,000.

    I completed probation with no problems, I made payments regularly while on it, I just could not pay no where near that amount.

    I want this grand theft felony charged reduced to a misdemeanor and expunged if possible.

    Most web sites state if this was your first offense, the charge is a wobbler (mine is) you completed probation and you owe no outstanding tickets, fines, restitution or fees we can help you.

    The fines/restitution part is where I'm stumped, I never paid the restitution off. No one is after me not even in a civil court.
    But isn't that balance still considered outstanding?
    Please advise

  6. #6
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Balance Of Restitution After Discharge From Probation

    How long after you stop paying the restitution, Not even salary garnish, or even call from your PO?

  7. #7
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    Default Re: Balance Of Restitution After Discharge From Probation

    If the criminal case is completely over, it's over. If the victim wants more money once the offender completes his sentence and is discharged with probation, the victim has to explore civil remedies.

    If you wish to attempt to reduce your charge, I would suggest having a lawyer assist you with that process.

  8. #8
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Balance Of Restitution After Discharge From Probation

    Not to hijack this thread but when I called the Clerk who handles the restitution payment, she says that the restitution gonna keep going until it get payed off and I still receiving monthly statements. And my probation is over for like a half a year now.

    Do I still need to pay restitution.

    Please Advise.

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: Balance Of Restitution After Discharge From Probation

    mike2314, you need to start your own thread.

  10. #10
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Balance Of Restitution After Discharge From Probation

    I am brand new to the forum & don't see "New Post" button anywhere on the forum but, if I am on Social Security Disability and my probation will end in two short months and they are taking money out of my check for restitution, will the garnishment end automatically or will I have to "Petition/Request" for it to stop? I owe $180,000 and don't foresee it ever being paid with or without demand. It's not like I can just stop paying like other respondents. Please Advise.

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