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Surakhan
Jan 21, 2011, 02:00 AM
I was sentenced to two years probation for aggravated battery with intent. I completed the probation and was released by signature order of the DA's office that prosecuted me. However, two months after starting my probation a restitution hearing was held. Niether my probation office nor mself were informed of the hearing and a misdemeanor bench warrant was issued for failure to appear. In 2005 the VA stopped my disability compensation payments because I was a 'fugitive' and are demanding I pay back what I received since 2001 when the law took effect. The law states no compensation is to be paid if incarcerated for 60 days or a felony fugitive. Though the initial offense was a felony, I served my probation for that. The failure to appear was verified by a Sheriff as being a misdemeanor with $1,000.00 bail. I returned to Kansas and received a payment plan for the balance of restitution. This was also in misdemeanor court. Does the misdemeanor bench warrant for failure to appear qualify as a felony warrant because it was tied to a felony charge or is the VA wrong for stopping my payments?