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charmed44875 · Aug 11, 2009, 05:27 AM

I was charged with petty theft. I could get up to 90 days in jail for it. I was late on my restitution payment. But I did get my check in the mail late and paid the whole amount fine and all off the day I cashed the check. Well all but $128 of it which is being paid today. My probation officer issued a warrant for me. She won't take it off even though everything is paid. What should. I do since it is all paid off you would think that they would not make me serve jail time or anything. HELP please any help you could offer would be great.

charmed44875 · Aug 11, 2009, 05:29 AM

Oh yes and it was a M1 offense

epawls · Aug 11, 2009, 05:55 AM

Bench warrants are signed by judges. A P/O cannot just cancel a bench warrant. Even though you have satisfied your payment obligation, you still have a warrant because you paid the restitution late. You will have to go to your bench warrant hearing and just explain your story to the judge and hope that he or she will be lenient about your tardy payment.

charmed44875 · Aug 11, 2009, 05:58 AM

I have not got a court date so not sure what to do. I was told that once it shows up in the computer paid that it will go away I don't know don't know how law works. I wanted to be lawyer but don't think that will happen now with this on my record

charmed44875 · Aug 11, 2009, 06:01 AM

Will a lawyer help make sure I do not go to jail. I was told by one around here that he could for sure work something out so that I won't go to jail

charmed44875 · Aug 11, 2009, 03:42 PM

So I am ed I will prob go to jail for the 90 days that is just stupid I should have used that money to get an apt and hide from their asses would have made things so much easier

epawls · Aug 12, 2009, 11:27 AM

No one is saying what kind of time you will or will not be doing... by all means consult an attorney. Make absolutely certain that the funds are paid. Bring proof that they are paid. In my state, people are brought to jail once a bench warrant is signed regardless of whether the reasons for the bench warrant are satisfied. Typically, people are brought in for an over night stay and go to court the following morning. At which point the judge may or may not release you.