Early Termination Of Federal Probation with Huge Restitution
Hello,
I was federally incarcerated for 6.6 years on wire fraud. I have done 2.6 years of a 5 year probation. I want to file pro-se for early termination of federal probation. My case was recently transferred from WA and AL to TX where I have done all of my incarcerated and federal probation time. I have to pay 20% of gross which leaves very little room to advance. My restitution is over 1 million dollars and I have to pay $1,200 monthly. There is no way, realistically speaking, that I will be able to pay it off in the next 2.6 years of probation, I work an hourly paid job. I have had a clean record throughout this whole deal. Is it possible to be awarded early release of probation?
I can not afford to live on my own due to the amount of money I make and $1,200 of it going to restitution. I can not even save money to plan for the future. My arguement is based on a rehabilitative stance, being a productive citizen. With the economy the way it is, I find it difficult to survive. Besides, the victim in the case (my employer) has already been paid the true loss (the deductible of $100,000.00). Supposibly, the collection of a fraudulent crime can not be transferred to a thrid party (the insurance company), and that is who I am making payments. The unlawful forefeiture of illbegotten fruits was about $950,000.00 taken from me.
I do not like reporting to a probation officer who is pro the system. We argue every month and frankly it makes me nervous. She calls my job frequently and shows up several times randomly too. I have a financial related crime, not one of assualt or drugs. I see no reason to be held hostage at this point. Isn't there a 20 year payment obligation that will continue after probation? If so, isn't that an additional ground to argue in the petition to the court?
Texas Toni
I can not afford to live on my own due to the amount of money I make and $1,200 of it going to restitution.
I do not like reporting to a probation officer who is pro the system.
Hello Toni:
They don't care if you're broke, and they don't care if you like 'em either. If you want any kind of success, don't complain about THOSE things, and I'd wait until you're at least half way through...
You SAY you were incarcerated... What?? You didn't figure out who these people are when you were in the joint?
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Quote:
Originally Posted by ToniTexas
I can not afford to live on my own due to the amount of money I make and $1,200 of it going to restitution. I can not even save money to plan for the future. My arguement is based on a rehabilitative stance, being a productive citizen. With the economy the way it is, I find it difficult to survive. Besides, the victim in the case (my employer) has already been paid the true loss (the deductible of $100,000.00). Supposibly, the collection of a fraudulent crime can not be transferred to a thrid party (the insurance company), and that is who I am making payments. The unlawful forefeiture of illbegotten fruits was about $950,000.00 taken from me.
I do not like reporting to a probation officer who is pro the system. We argue every month and frankly it makes me nervous. She calls my job frequently and shows up several times randomly too. I have a financial related crime, not one of assualt or drugs. I see no reason to be held hostage at this point. Isn't there a 20 year payment obligation that will continue after probation? If so, isn't that an additional ground to argue in the petition to the court?
Texas Toni
I'm sorry, but I find no merit in your reasons for wanting off probation early. If you did take $1,000,000, what did you do with the money that now you're suddently broke?
Also, what makes you think that your crime is not as serious just because it was not drug or violent related?
Your PO doesn't have to like you and probably doesn't for good reason. I don't quite understand your comment of "see no reason to be held hostage at this point". You took the money, you were convicted, you served time in prison, and you're now out on probation. What part of that is you being a hostage? I can't seem to grasp your hostage idea. Hostage to what?
A small word of advice. If you don't like being on probation, then go back to the prison and do the rest of your time there. Then you won't have to be bothered by a pesky probation officer.
You sound like you want your cake and want to eat it on your terms.
Thank you everyone for the comments. I guess what you all don't know is that I went to prison for something that I did not do. Yeah, yeah, yeah...we've all heard that before. So again, I was tried, convicted and sentenced. I got over that hate and betrayal along time ago. And just as "CONNIEHAY" suggested...I am sucking it up, but feel strongly about being humble to a PO Jock Idiot. I actually feel blessed to have come down that road, before I was a educated, suckup workaholic who was about me. I meet thousands of woman who were Amazing to me. With all they had faced and been through and were still standing took away my bitterness for what happened to me. Can't spend what I never took, if so, I wouldn't be here asking for advice in this supposibly helpful forum of persons who have been through and are going through similar versions of the same. Guess I took the wrong turn again. Anyway, thanks!
P.S. To Excon: Your right Sir! I know they don't care but that has never stopped me from trying to seek a little justice. Thanks.
im on probation but im off in less then a year and i've been on for two already. now me and two other people beat up this guy for stabing a friend and now we have to split the restitution three ways. or so i thought, cuz one of them had a good lawyer and dont have to pay so now it's me and the other guy have to split it two ways but then he got revoked right away and now there saying i have to pay all of 23,300 or im not getting off probation what can i do to get off probation.thank you
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