I am wanting to file early termination of probation. I understand it is best to have restitution and court costs paid before doing so. Am not understanding if I am to pay this restitution because of the way it is worded. The sentence is....You will pay restitution in the amount of 9,882.00 to such and such- reduced to judgement- to be paid over probation and completed (60) days prior to termination.
I've had many probation officers over the past 2 years on this charge and have been told that I don't owe restitution. My current probation officer is telling me I owe.
Can someone PLEASE help me.
Criminal Defense Attorney
If your probation is reduced to a judgment that means it is not a condition of your probation; however, it appears that your paperwork says several things that are conflicting with each other. Typically on Florida orders for restitution have a check next to one of three boxes you mentioned. 60 days to pay, as a condition of probation or reduced to a judgment. You facts seems to imply that that all three boxes are checked. You need to clarify the specific terms of your probation.
Your best shot at getting early termination is to have everything completed, but if your restitution is reduced to a judgment it is not a condition of your probation. Speak to your probation officer.
John S. Riordan, Esq.
West Palm Beach, FL
The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
Speeding / Traffic Ticket Lawyer
Huh? If it says you owne money in restitution, why are they saying no? I don't trust them some are cool and know what they are doing and some are boneheads. LOOK what if they are wrong and you are getting happy and you think your probation is almost terminated and the judge goes, "Why didn't you pay restitution?" Maybe the Probation officers are dum dums's or want you to never be off of probation. The safe bet is too assume you have to pay. I tend to agree with the other attorney that it is NOT a condtion of your probation and yes you probably have probation terminated early if you pay, and if you don't pay your probation will terminate eventually anyway. But, they were still be a judgment out there that can follow you around anywhere. They attach your bank account, or they garnish and take money from your pay check, etc. And I'm 95% sure that you cannot get rid of that judgment by filing bankruptcy. So do you have to pay it, no. Can it bite you in the rear later, yes? But I would make sure that is is not a condition of your probation. One guy I know has a judgment from 1997 and won't go off the books till at least 2017 AND CAN'T GET A DRIVER'S LICENSE unless he pays or unless he files bankruptcy, but becasue your was part of a criminal act, you cannot file bankrutpy. So if this was any kind of criminal incident invovling a vehicle, I would check into the driver's licnes thing, unless you already have a driver's license then you are ok as far as the license.