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snowman5436 · Oct 23, 2009, 05:29 PM

On may 29 2000 I was sentenced to 10 years probation and ordered to pay 17500 in restitution it is getting close to my probation end date I am on ssi and I still owe almost 4000 dollars what do you think will happen if I can't pay it all off in time can I get some kind of an exstention how about moving out of the state to the promise of a job and a place to stay will they allow that

twinkiedooter · Oct 24, 2009, 07:56 AM

You need to discuss this with your PO now before your probation expires totally. As part of your probation you were supposed to pay the restitution and now you've come up short in paying it off. If you are smart you will ask your PO to please intervene with your judge and ask him to extend your probation so many months (as many as you think you will need to fully pay off the restitution). The PO will then approach the judge with your request and hopefully he will grant an extension of your probation allowing you to pay it off. Sometimes this takes a month or so to get the judge's approval. Do this if you have at least 6 months of probation to go - not 6 weeks to go.

If you did get to the end of your probation and not have your restitution totally paid off you would be in violation and that could possibly land you in jail for up to the entire original sentence. You don't want that.

Wait until your extension is granted before asking about having your probation transferred. That's easy to accomplish.

excon · Oct 24, 2009, 08:29 AM

Hello s:

Before I stirred up a sh!tstorm with my PO, I'd run it by an attorney... There are ALL sorts of possibilities available here ranging from them violating you and forcing you to START your probation OVER, all the way to them not even noticing that you owe and letting you off probation without a peep.

The BEST result would be for them to let you off, but still require you to pay as you obviously have been doing...

excon

SmellyDogsMom · Oct 25, 2009, 08:13 AM

Originally Posted by snowman5436

on may 29 2000 i was sentenced to 10 years probation and ordered to pay 17500 in restitution it is getting close to my probation end date i am on ssi and i still owe almost 4000 dollars what do you think will happen if i can't pay it all off in time can i get some kind of an exstention how about moving out of the state to the promise of a job and a place to stay will they allow that

Bearden v. Georgia, "held that revocation of probation and imprisonment of an indigent for failure to fully pay restitution and a fine violated due process absent a willful refusal to pay or absent a funding that an alternative punishment was inadequate."

If you have made a good faith effort to pay and your conviction is from the U.S. you should be OK.

excon · Oct 25, 2009, 08:55 AM

Originally Posted by SmellyDogsMom

Bearden v. Georgia,

Hello again, Mom:

You should hang out here more often.

excon

PS> I LOVE that decision. We've had LOTS of questions about it. Does Bearden mandate that the criminal judgment for restitution revert to a civil judgment? If so, is the judgment in the name of the court or the victim? If it's the court, can the victim sue to obtain a civil judgment?

Fr_Chuck · Oct 25, 2009, 11:32 AM

Originally Posted by SmellyDogsMom

Bearden v. Georgia, "held that revocation of probation and imprisonment of an indigent for failure to fully pay restitution and a fine violated due process absent a willful refusal to pay or absent a funding that an alternative punishment was inadequate."

If you have made a good faith effort to pay and your conviction is from the U.S., you should be OK.

Yes and no, the good faith is the issue, has he had a job in he past and when he did, was a proper percent of that pay paid. And then why is he out of a job, if he did something to be fired of the job he had, that can show a lack of the good faith also. Also has he did a real job search, he may have to prove how many applications a day he is putting in, and if he is refusing any job because of money or other issues.