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  1. #1
    Join Date
    Mar 2008
    Posts
    16

    Default Probation Ending Restitution Not Paid in Full Yet

    My question involves criminal law for the state of: ohio
    I plead to a charge of fel. Theft. Fel. 5. To a deal of intervention in leu of conviction and the probation has a maximum of 5 years for some reason. Anyway, during the first year of prob. I wasn't working and had problems paying the restitution. Now the 5 yrs is almost up (2months away) and I am short 500 bucks from restitution being paid off.

    I have been diagnosed with cancer (liver. Lung. And thyroid) and am waiting on social sec. Disability hearing in oct. Can an attorney ask for hardship on the rest of the restitution and what are the chances kf a judge approving a hardship. And if not what can the judge do as far as me not being able to finish my payments on the 5 years that was alotted. Can they sent. Me to prison since I have already done 5 yrs prob. I have done everything in the prob. Orders to the T its just the payments that are messed up.
    Thanks for you time.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Probation Ending Restitution Not Paid in Full Yet

    Probation AND restitution is what was required. If both are not fulfilled then you have not completed your part of the bargain. What they can do is revoke the offer and prosecute it as it was originally started. What they will do is up to the court and yes, one could seek to have the remaining balance waived due to the extreme circumstances.

    If your statements are verifiable (the cancers) I suspect they would not be too difficult to convince to let the rest go. You would be a very expensive to maintain prisoner and I suspect they would not want to get stuck with the bill over $500.

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