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  1. #1
    Join Date
    Sep 2005
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    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.

  2. #2
    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

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