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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Probation Term Ending and Restitution Still Owed

    My question involves criminal law for the state of: Texas

    I was sentenced to 3 years probation, plus restitution. Half has been paid back, completed all other obligations of probation and never failed a drug test. I got a letter from my P.O. stating that remaining balance needs to be paid in full a month before my probation is up in July or she will have to file the appropriate paper work with the Court... What will happen if I cannot pay the balance in full (which I will not be able to)? What is the "appropriate" paper work she's referring to?

    Thank you for any help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Probation Term Ending and Restitution Still Owed

    You will have to ask her what she's thinking about filing. Under the circumstances it's reasonable infer that she's not asking for you to be relieved of your obligation to pay the balance so it could be a motion to extend your probation, for a probation violation based on your failure to complete the terms of your probation or, if permitted in your state, a motion to convert your balance to a civil judgment.

  3. #3
    Join Date
    Jun 2011
    Posts
    14

    Default Re: Probation Term Ending and Restitution Still Owed

    3yr, MK is correct. For example in CA a PO would ask the court to consider extending the term up to the max allowed by law. If you made consistent payments of an amount ordered by court or determined by PO that helps. However if you are interested in an interesting on point CALIFORNIA case - see People v. Covington (2000) 82 Cal. App. 4th 1263 [98 Cal.Rptr.2d 852].

  4. #4

    Default Re: Probation Term Ending and Restitution Still Owed

    The way you say it , it sounds like your PO is threatening you; she may advise the court you failed to make the payments and the judge might resentence you if you had a suspended sentence. Did you have a public defender the first time that you can talk to. I agree with Knowitall that talking to your PO is initial step.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Probation Term Ending and Restitution Still Owed

    It is definitely a threat. Also, a threat that your PO has to mane good on. Before the probation office can close your case, all conditions must be met. All treatment, fees, fines and restitution. Even if your case goes back to court on a violation, more than likely it is only to ask for a continuance for restitution. Still, if it comes to that yoou would benefit from a lawyer. Oh, and if you have bond money, you may be able to turn that over to the party that you owe.

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