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Probation with Restitution

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  • 02-05-2010, 10:12 PM
    NVF
    Probation with Restitution
    My question involves criminal law for the state of: Texas

    Long boring story, so I will just bore you with the facts. I was the CFO for a family owned business to which my brother-in-law owned and I must say I did a great job making the company along with the team more money than imagined.

    I got the flu in March of 2002 and was very ill for 4-days and then returned to work. Approximately 2-weeks laters I was having problems breathing and went to the doctor and was told the flu virus had attacked my heart and it was a very serious medical condition. I was advised to quit working becasue I had cardiodiomothapy and went on medical disabilty receiving approximately $3,000 monthly to which is the largest award that social security allows only because I had worked in professional positions my entire life. I would eventually need a heart transplant, etc...etc....

    My brother-in-law became very upset and I was ultimately acused of stealing over $200,000 becasue he said everything I approved wasn't approved by him ---- water under the bridge because I was arrested and spent 8 1/2 months in the county jail deathly ill. I was convicted of theft over $100,000 sentenced to 10-years probation and required to pay restitution of $1265.00 monthly.

    Upon getting out of jail I was hospitalized and received an artificle heart pump and then a heart transplant in March of 2004.

    Obviously, I could not pay the restitution for the first 2 1/2 years because I was really sick spending month after month in the hospital.

    I started paying my restitution in October of 2007 always adding a little extra trying to pay down the arrears. I have not seen nor heard from anybody in the court system as well as the probation office..... I just mail in my check with a report every month with no word, just silence........

    My question is that my probation will be up in approximately 3 1/2 years and I will still be the arrears, so what happens..... 1) Will the court see that there were extreme circumstances and waive the arrearment? 2) Will I still continue to pay? 3)What do you think.......

    My position is that an ability to pay and not pay is completely different than not having the ability to pay while I was on mars with my medical condition...

    What do you think will happen at the end of probation with a balnce due on restitution....
  • 02-06-2010, 09:36 PM
    Mr. Knowitall
    Re: Probation with Restitution
    Even had you paid the full restitution all along, you would not have paid off $200K over ten years.

    You don't have any meetings with your probation officer?

    It is possible to be discharged from probation with only part of your restitution paid. It's also possible for the failure to pay restitution to be treated as a probation violation.
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