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Probation Violation for Failure to Pay Restitution

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  • 05-27-2013, 12:45 PM
    hyeon
    Probation Violation for Failure to Pay Restitution
    My question involves criminal law for the state of: Ohio

    In 2003 I was convicted a felony (4 or 5 degree) for misuse of credit card & taking identity of another.
    I was sentenced to 1 year probation and ordered to pay the restitution but at the time I was not able to come up with the money to pay it off.
    Then in 2005 I was deemed to violate my probation agreement (fail to pay restitution) and a warrant is issued for me.

    Now my question is, can I pay it off now and avoid any court proceedings?
    and a separate question;
    What is the probability of getting this case expunge?

    Thank you.
  • 05-28-2013, 10:03 AM
    Mr. Knowitall
    Re: Probation Violation for Failure to Pay Restitution
    You violated your probation eight years ago and, rather than dealing with the probation violation, simply stopped reporting?
  • 05-28-2013, 08:31 PM
    hyeon
    Re: Probation Violation for Failure to Pay Restitution
    Things has been difficult in the past. Then, I was granted permission from my probation officer to allow me to move to another state but I stopped reporting since.

    Now that I am more capable, I wonder if I can correct the situation by paying the restitution while avoid the court proceedings?
  • 05-29-2013, 09:13 AM
    viol8te
    Re: Probation Violation for Failure to Pay Restitution
    One way or another, you can correct the situation. Unfortunately for you, it may not be in the manner that you'd like. You signed a contract with the court. Your PO gave you permission to move to antoher state, but did you complete the Compact transfer. If so, were you given reporting instructions? In any event, you have failed to report. If you were transferred by Interstate Compact and stopped reporting, you could argure that you failed to report. If you left with the PO's so called permission, but no Compact, you absconded and that will be looked at with way more scrutiny. However, if the new state closed interest, they sent the case back to the sentencing state. As a result, you could be charged with absconding. Bottom line is, you need a lawyer to represent you. This won't be as easy as paying it off and walking out.
  • 06-01-2013, 02:20 PM
    hyeon
    Re: Probation Violation for Failure to Pay Restitution
    Thanks viol8te for your reply appreciated.

    My PO gave me a permission letter to move to another state (not Interstate Compact). In the beginning I remember I tried to contact my PO from the new state with my status updates, but there were unsuccessful several times. Several months later I left the country without reporting to my PO anymore, but I did sent him a letter from the country I was in to let him know I have since moved on. He wrote back to acknowledge the letter and will forward it to the judge. And next thing I know is the local state have a capias for me.
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