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Probation Violation Notice - Failure to Pay Restitution

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  • 02-13-2009, 10:36 AM
    johnnyboston
    Probation Violation Notice - Failure to Pay Restitution
    My question involves criminal law for the state of: Massachusetts.

    This morning I received an official notice from my probation officer notifying me I must report to a hearing in 1 week to answer for a probation violation: failing to pay the entire amount of my restitution by the end of my required probation period. I was sentenced in Dec ’03 to 5 years probation, 2 weeks jail time and restitution of approximately $100k. As one might imagine, my ability to secure a job (professional or otherwise) which paid commensurate to my profession prior to conviction has been difficult. However I’ve maintained continuous employment and have always done what it takes to stay employed, no matter what job it was. Additionally, I was stricken with a brain tumor 2 years ago which has complicated matters: from medical bills to absences from work to maintain chemo schedules. All of this, my PO is aware of.

    Now I’ve reached the end of my probation period and restitution has yet to be paid in full. This was expected from the beginning back in ’03, as the amount which included vast amounts of interest, professional fees, etc. was too vast for me to pay down over a less than 5 year period. My PO who has always been stand-up, is aware of my health issues and been as accommodating as he could be, notifies me that this hearing will be “no big deal” and that he will ask the judge for an extension of probation. This assuaged some of my concerns, though I understand that something may always go awry a judge could send me to jail rather than simply extending my probation period.

    Can anyone tell me what my options are? Additionally, what should my expectations be? Should I do anything between now and a week from today to prepare for this hearing? Is it possible that something worse than a simple probation extension could occur next Friday due to a less than accommodating judge, etc? Any help or insight anyone could provide would be greatly appreciated.

    Many thanks
    - johnnyboston
  • 02-13-2009, 05:10 PM
    M'sta Mikey
    Re: Probation Violation Notice - Failure to Pay Restitution
    My crystal ball is in the shop so I'm winging this...

    Seriously, chances are that you'll receive an extention of probation in order to pay the fines. However, be realistic in your expectations in repaying. If the judge gives you a year to pay the balance and you cannot foreseeably do that, then your attorney needs to argue that.

    If you don't have an attorney, you might consider consulting one before the hearing. whatever you agree to at the hearing is set in stone so an attorney is your best hope for something 'reasonable'
  • 02-16-2009, 12:57 PM
    johnnyboston
    Re: Probation Violation Notice - Failure to Pay Restitution
    Thanks M'sta Mikey - many thanks.

    I called an attorney whom I've had some conversations with in the past and he told me that there may be an argument to be made that probation could simply be terminated, end of story. This sounds too good to be true to me, however, he said he could research it and represent me, for a cost of ~3k. The cost seems a bit prohibitive for something that appears pie in the sky, but then again, I really have no idea.

    Sorry for bugging you with this, but....any thoughts?

    Many thanks M'sta Mikey
    - Johnny
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