Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Default Restitution Owed After 10-Year Probation Period Completed

    My question involves criminal law for the state of: Texas, Harris County....

    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 by providing the means to triple the company revenues to well over 15 million....

    I got the flu in March of 2002 and was very ill for 4-days (never been sick in my life) 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 per my doctor receiving approximately $3,600 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 upon review of some expenses and I was ultimately acused of stealing over $200,000 becasue he said everything I approved and/or did wasn't approved by him ---- water under the bridge because I was arrested and spent 8 1/2 months in the Harris County jail with a ridiculous bond and deathly ill. I was convicted of theft over $100,000 sentenced to 10-years probation and required to pay monthly restitution. My total restitution amount is approximately $170,000, thus requiring monthly restitution in the amount of $1,235....

    Upon getting out of the county jail after 8 1/2 months and finally convicted I was hospitalized within 5-months and received an artificle heart pump as a bridge to a heart transplant to which I received in March of 2005. I could not pay the restitution while I was really ill spending month after month in the hospital. Unfortunately, my transplant had major complications which took me me approximately 2 1/2 years to get over. Long boring story, but my transplant and complications has been very well documented by the transplant team and I am alive by the Grace of God...

    I made a few payments sporadically during the 2 1/2 years I was really-really ill. Regardless, I started paying my restitution in October of 2007 and I have not missed a single payment since.... Additionally, I have not seen nor heard from anybody in the court system as well as the probation office as I just mail in my check with a report every month with no word, just silence... However, through the years I have received in the mail on several ocassions a notice announcing a new PO with their contact information and to continue mailing my payments and monthly reports. Again, no negative words from the POs, just a letter announcing the new contact info and I am in complete compliance and to remain in compliance....

    My question is that my probation will be complete in 19-months and I will still be in the arrears of approximately $29,000, so what happens..... 1)Will the court see that there were extreme medical circumstances and waive the arrears? 2)Will I still continue to pay? 3)Will the courts turn this into a Civil matter by filing a judgement etc..etc.. 4)What do you think....... Maximum length of probation in the State of Texas is 10-years.

    My position is that an ability to pay and simply not pay just because is completely different than not having the ability to pay because one was literally on Planet Mars with a medical condition... Yes, a heart transplant with serious complications is about as serious of a medical condition you can get....

    I am not stupid and realize that regardless I still owe the monies, but is it not really odd that I continue to mail payments and reports with no word of the arrears. In fact, the new PO's letters state that I am in 100% compliance and I am to remain so... Yes, I have never had even a traffic ticket, much less a violation of any kind...... Pretty weird stuff to me!!!

    I realize that the court system especially here in Texas can do just about anything they want, but to announce that a problem exists at the end of my probation period just seems stupid (no logic) when they have had 10-years to make issue.... Likely, I am a good probationer and they do not want to rock the boat because I do pay every month --- I really don't know..... Yes, I could speak to the PO, but I do not want to draw any attention as the mail-in reporting style is so easy, no drama, no BS....

    What do you think will happen at the end of probation with a balnce due on restitution for good reason? Thanks for any advice.....

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

    Default Re: Restitution Owed After 10-Year Probation Period Completed

    Did you talk to your probation officer about your balance, or not? If not, why not?

    Certainly, the judge has discretion to excuse the nonpayment. See Texas Code of Criminal Procedure, Sec. 42.037.

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Restitution Owed After 10-Year Probation Period Completed

    I don't know why my initial response didn't post, so here is my redo....

    First, thanks so much for your response and sharing Texas Code of Criminal Procedure, Sec. 42.037. You are correct in that after reading Texas Code of Criminal Procedure, Sec. 42.037 the judge does have discretion to excuse the arrears with WILLFULNESS being the key word. ONe word that states having the ability to pay and not pay just because is much different then literally not being able to report much less pay.

    Now to answer your question... No, I have not disscussed the arrears with my PO only because I am afraid of what may happen in such a disscussion. Though I haven't seen and/or even spoke with a PO since September of 2007 I am still very leary of these people. I don't remember much of what really happened with my arrest, jailtime, and/or conviction, but I do remember that these people to include the judge and DA are very-very confrontational to the point of provoking one with intentional outright abuse, just stunning. I have 18-months left and my experience has been that they drive the boat and I am the lowest life on earth not to question, but to just follow -- crystal clear to me....

    Again, thanks so much for your response. Reading Texas Code of Criminal Procedure, Sec. 42.037 has given me comfort...

    - - - Updated - - -

    Sorry, but I forgot the most important part..... Should I discuss this with my PO? .....

    Thanks

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Restitution Still Owed and Probation Time Served
    By bearkg88 in forum Criminal Charges
    Replies: 5
    Last Post: 10-08-2011, 11:46 AM
  2. Probation and Parole: Probation Term Ending and Restitution Still Owed
    By 3yr2241 in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 07-15-2011, 09:32 PM
  3. Probation and Parole: Completed Probation, but Still Owe Restitution Options
    By JohnSt in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 01-05-2011, 08:59 PM
  4. Post-Conviction Relief: How to Lower the Amount of Restitution Owed
    By matchstick00 in forum Criminal Procedure
    Replies: 2
    Last Post: 08-25-2010, 05:02 PM
  5. Business Disputes: Sueing for Money Owed by Entertainer for Work Completed
    By somajor in forum Business Law
    Replies: 10
    Last Post: 04-05-2009, 01:35 PM
 
 
Sponsored Links

Legal Help, Information and Resources