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Formal Probation scheduled to end in July 2014, however joint&several restitution still owed. Will probation expire?

San Diego, CA |

I was sentenced to 80 days in a San Diego work furlough and three years felony probation. Victim restitution still owed is roughly $79,000 ( joint and several between two other defendants). My probation was moved to the administrative bank unit about 6 months ago, meaning that although I am on formal probation still, I do not have to report to a PO unless I have police contact etc.

Will my probation just expire in July, or should I expect to be summoned? I have read conflicting answers ranging from probation being extended to 5 years or the restitution being converted into a civil judgement(how does this work with joint and several?).

Notes- I have had no violations during my term of probation, and have been making my monthly $150 payment on time with no incidence.

Attorney Answers 4

Posted

Why not ask the criminal defense attorney who represented you on the original case and who has, presumably, a better understanding of the specific facts associated with your case.

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Asker

Posted

Because I have tried for 3 entire months to reach my public defender and have had no replies. I have recorded over 20 voicemails. Also have called the district attorney office and they send me to voicemail. I have gone in three times in the last month and he was "not there"

Asker

Posted

And it is a hour an a half commute to the downtown office from my recidence, thus why I tried to find an answer here

Posted

Your probation will expire and the outstanding restitution will be converted to a civil judgment against all defendants. You will not be summoned to court.

The judge cannot extend probation to five years.

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Asker

Posted

I read a comment on another thread which stated a judge could extend probation up until the max for the charge. Mine was 245(A)(4) "Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year" Does this mean the judge my extend probation by 1 year, to equal max imprisonment time of 4 years?

Posted

Other than restitution, your probation will expire.

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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Posted

Probation will expire. Any restitution owed may be converted to a civil judgment and collected.

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com

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