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Can I get off probation if I still owe restitution?

Woodbridge, NJ |

I have one year left on probation but still owe money what happens? Do I get off probation and still pay without supervision? By the way I never missed a payment and never missed a visit with my po.... Thank you for your advice!

Ps I live in nj if that matters

Attorney Answers 3

Posted

Hello there,

Some probation departments will still allow you to report just to pay restitution.

However, you are put on probation for a term of years and people usually are not violated because they weren't able to fully pay off their restitution.

You should discuss your restitution efforts with your probation officer and see if there is a way your officer can request the court excuse you from paying past supervision fees so you can focus on your court costs and fiines.

Sincerely,

Erick Platten

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Posted

A little more information is needed to properly answer this question. You do not indicate if this is probation from Woodbridge Municipal Court or Middlesex County on a felony. (your indication of "one year left" would indicate probation from the County). I do not usually get involved with restitution payments during probation so my answer is based on the Statute more than experience. I have never had a client violated for non-payment. Perhaps one of my colleagues has more experience in this area. Restitution is covered in 2C: 44-2 and procedures for nonpayment in 2C:46-2. Your probation can be continued to allow for the payments. You certainly have not violated probation and I believe you cannot be violated for failure to pay restitution nor incarcerated unless the non-payment is "willful". They may just reduce the balance to a judgment against you and collect it like a civil award. Most likely, a Court would just continue you on probation which may be unsupervised. If they terminate probation and still order payments they can bring you back on motion if you fail to pay. I am sorry I could not be more helpful.

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Posted

You will not be let off probation early if you still owe money. When you pay the balance, you may be able to have probation terminated early. If you have not paid the balance when your probation period ends, even though you have not missed a payment, the amount will likely be converted to a civil judgment against you.

This answer does not create an attorney-client relationship and is based only on the limited information provided in the question.

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