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    billw4141's Avatar
    billw4141 Posts: 1, Reputation: 1
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    #1

    Sep 16, 2009, 12:44 PM
    Criminal restitution
    I live in New York, but was convicted and sentenced in New Jersey for a financial crime where there were financial losses to 10 individules, I was senetnced to 4 yrs probation and restitution,
    My question is can I settle the restitution for less then the full amound due after my probation ends, and will the DOJ realese me from probation if there is still an amount due at the end.

    Thank you

    Bill
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 16, 2009, 05:57 PM

    No. If this is a Court ordered restitution, then it must be paid according to the way it was ordered by the Court in your sentencing paperwork. Also, generally the probation hinges upon your restitution being paid in full before you are terminated. If not paid in full the court can order you to spend time in jail as this would be a violation of your probation not paying the restitution fine, or the Judge may permit you to extend your probation giving you extra time in which to fully pay off the restitution per your sentence. You just "can't settle for less" after probation. Sorry. Doesn't work that way. Just don't wait until the last minute to decide you can't pay prior to the end of your probation time. Plan to do something during the last 9 months of your probation otherwise you will run out of time for the Judge to decide to extend your probation for you.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Sep 16, 2009, 06:08 PM
    Hello bill:

    There's all sort of possibilities in your situation.. They may not let you off probation. They may put you in jail, like twinkie suggested (although I don't think they'll do that). Or, they MIGHT end your probation leaving your restitution in a state of legal limbo. I don't know the details of your case... Lots of factors that have to do with WHAT they're going to do with you, are unknown to me.

    However, I'm a believer that you can negotiate ANYTHING... Let me rephrase that... Your very good and expensive criminal LAWYER can negotiate anything...

    excon

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