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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Ending Of Probation

    I was arrested 4 years ago in North Carolina for forgery and theft. I was placed on 5 years probation and ordered to pay restitution in the amount of 50 grand at 50 dollars a month. Since then my husband and I moved to Colorado and my probation was transferred with me. The judge informed the lawyers when I was there that after my 5 years a judgment would be issued against me for any remaining balance. To date I have never once missed a payment and even increased my payments to 100 sometimes 150 when I could. I know I owe this amount and fully intend to pay off every last cent even if it takes me forever to do so. My question is this: I am currently disabled and still making payments even after my probate officer said I could have my payments lowered. The judge apparently stated that my payments would be based on what I could afford to pay and also said “Cant get blood from a turnip” I know I got off pretty easy but now in Colorado when your probation is over they extend it another term. I have read some places can only extend it another 3 years. But now my judge said that after 5 I would just have a judgment against me and would have to pay on the judgment. Since this happened in NC and I live in Colorado after my 5 years could my probation to be extended or released? What is the standard? Would this is a Colorado decision or an NC one. One attorney told me it is a NC decision and my probation officer in Colorado said it is theirs.

    I do not mind being on probation since I am disabled it is actually one outing I am sure to get and it feels good to me to go. Reminds me of my mistakes of the past and the need to stay on the straight and narrow now. The thing is I pay 100 every two months for probation and I could really use that money to pay on my restitution instead.

    Thank you in advance.

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

    Default Re: Ending Of Probation

    It's up to North Carolina to discharge you from probation, and to resentence you for any probation violation. It's within Colorado's discretion to declare that you have violated your probation and to refer the matter back to North Carolina for further proceedings. You have probably waived extradition, meaning that if Colorado did that they would likely pick you up and hold you in jail pending your return to North Carolina.

    Consider hiring a North Carolina criminal defense lawyer to petition the court to end your probation, and to make the remaining balance a civil judgment, such that you would be discharged from supervision in Colorado.

  3. #3
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Ending Of Probation

    Hate to break it to you, but 50 dollar a month for 5 years is only 3000.

  4. #4
    Join Date
    Mar 2008
    Posts
    3

    Default Re: Ending Of Probation

    Sounds as though you will be a candidate for an extension of your probation to allow you to complete your restitution. As stated above, NC court will determine issue of extension.

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