I went to court on Feb 9. My probation ended on Feb 14th. I still had a restitution balance and the DA wanted to file a violation warrant. However, my PO did not file the violation until Feb 21. My attorney says that the judge never should have signed the warrant because it was filed after my probation ended. She has filed a motion to have my probation dismissed. Does this mean when I go to court this week that my probation will be over and if so, will the restitution still stand or will they have to turn into a civil matter?

Thanks for any input.

Regardless of what happens in court you will still owe the restitution and that will have to be paid. The judge could decide not to grand the dismissal motion and reinstate your probation until the restitution is paid in full. Sounds like the PO messed up but the judge sided with the DA in issuing a warrant as technically the restitution is part of his order as part of the probation conditions. Reread your case disposition Order when you were sentenced as it should say that. Apparently the PO didn't do a good job of making sure you were all paid off but the DA caught the error.

You have very hopeful thinking, and of course YOUR attorney is going to tell you that you have a good chance. You are paying them right ?

But often your probation will not "end" until signed off by the judge and all of the terms are meet. So the judge can very easy, reject your attorneys motion and say that the probation is still valid, and honor the warrant, So I would bring my check book and my toothbrush, If I was you going to court. The judge already upheld the warrant ( signing it) so what makes you think the judge will now decide they were wrong to do that.

Hello gal:

I agree with the above in that your probation shouldn't have ended before you were paid up. But, it DID end. They can't restart it.

excon

Thanks for the responses. I should say that the day the warrant was filed, I did turn myself in and get released. I know I still owe the money and plan to pay it. It will take me forever, but I will do it because that is what I agreed to.


I just wondered if technically my probation was over on the 14th?

Hello again, gal:

I suggest you don't play this "technical" game with them. If they think it's "technically" NOT over, they're going to screw with you.

It's over, or it ISN'T! There ain't no in between. Take a stand!

excon