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I have just completed my probation but I still owe probation fees, never had to pay any other restitution.

Phoenix, AZ |

I have now completed my probation on jan 10 2013 but I still owe probation fees. I never had any restitution fees to pay to any victim. only probation. so I have an un-paid balance that im paying off. but my question is am I really of probation or not until I finish paying that off. could I still violate my probation (not saying I am) but if I was to get into trouble again would that be a violation?

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Attorney answers 4

Posted

If you have completed your probation, you should have received a formal discharge from the courts or from your probation officer. This means that you can not be found in violation of your probation for anything (new offense, failure to pay fines, etc...)

Based upon your provided information, I am assuming that your remaining fees will become, or have become, a criminal restitution order. A criminal restitution order is a judgment demanding payment. Should you not pay, the county could garnish your wages but could not find you in violation of your probation.

Thanks for the inquiry. I hope this helps.

Adam Feldman
The Feldman Law Firm, PLLC
1 E. Washington St., Suite 500
Phoenix, Arizona 85004
(602) 540-7887
attorney@afphoenixcriminalattorney.com
www.afphoenixcriminalattorney.com

Asker

Posted

Thank you so very much for answering my question. finally someone who can give me exactly what I was looking for

Posted

Failure to pay fees could result in your return to court. Pay them asap!

Posted

I endorse the response you got from Attorney Thygerson. At least until an attorney licensed in AZ who can explain the pertinent legal details weighs in, I totally agree that your focus should be what's right in front of you. Finish you financial obligations and then worry about whether your probation is officially over.

Asker

Posted

I am trying to pay it off and I have been paying payments. but also when I first started probation. I did not know that I had to pay probation fees, no one said nothing about that. all I was told was that I didn't have any restitution fees. and like 4 to 5 months into my probation, my p.o finally told me that I had a past due balance and I asked for what she told me probation fees. she said she didn't know I was suppose to pay either until it popped up on her computer screen that day. so I don't understand why I should have a past due balance if it was her fault for not telling me. I mean she is a p.o and know that there are probation fees right. is there something I can do about it or no.

William A. Jones Jr.

William A. Jones Jr.

Posted

My answer is No. As I am not licensed in AZ if this is central get an answer from such an attorney. Probation fees are standard operating procedure in PA. I'm just not sure that fighting court/probation fees is a worthwhile expenditure of time.

Asker

Posted

ok thank you for answering that. now what about if I could still be violated since I haven't finished paying probation fees but am not off probation?

William A. Jones Jr.

William A. Jones Jr.

Posted

The answer to that question will depend upon the specifics of AZ law. Unfortunately no attorneys licensed in OR have responded to your question yet. Most criminal practitioners offer free consultations. Take advantage of that and talk to two or more until you find one that has the needed skill and experience for the job and with whom you are comfortable. Wish I could provide you with an answer to your specific question.

Posted

I am not familiar with Arizona law, but reaching a pre-established termination date does not automatically mean that your probation has been completed in some states. In some states it is possible for probation to be extended for a multitude of reasons, including time where it is determined that someone was unavailable for supervision and failing to pay any monetary requirement of supervision (fees or restitution). As was stated by prior responders, in some states you are not discharged from supervision until you receive a court order or discharge order from the probation agent. If you were to violate any term(s) of supervision prior to being formally discharged from your supervision you could still be revoked and potentially serve a stayed or withheld sentence. I recommend requesting a written confirmation of formal discharge from supervision from your agent, if you have not received something from the court. However, IF you have been formally discharged from probation despite the outstanding fees owed then any remaining fees could be converted to a civil judgment subjecting you to potential collections or garnishment, but would not be a "violation" as there wouldn't be any continuing probation to violate. However, if you were to commit a new offense it is possible that a new sentencing court could become aware of your failure to complete your monetary obligations from this probation, which could be an aggravating factor at any future sentencing.

Asker

Posted

Thank you soooo very much for your answer it was very very helpful. I didn't know about the formal discharge paper, I asked my probation officer if I was off for good and she just told me yes I don't have to report anymore just make payments until paid off. but that was all she said. I asked her do I receive something in the mail saying I'm off. but she said no that was it.

Tedia K. Gamino

Tedia K. Gamino

Posted

Not every state will provide a formal paper, but it is worth asking. HOWEVER, you have just provided more information here than in your original question. Please note, agents have the ability to set the frequency with which they require contact with the people they supervise. So, if she said you did not have to report any more that is not automatically the same thing as saying she has discharged you from probation. If she is still expecting you to pay, then I suspect that she has NOT discharged you. In Wisconsin, probationers can be extended for financial reasons; although typically restitution, not probation fees. You should check with your agent about whether you have been discharged or just not required to report while you pay off the fees since those aren't one in the same, especially if you will not be receiving a formal written discharge. I have seen people revoked despite believing an agent has informed them telling they have "completed" supervision as ultimately, depending on the jurisdiction, it can be up to a court whether the probation terms or length have been completed. Every jurisdiction is different. Best is to pay it off and know that all of your probation obligations have been concluded.

Asker

Posted

THANK YOU THANK YOU SO MUCH. YOU HAVE PROVIDED ME WITH EXACTLY THE INFO I NEEDED AND IT IS GREATLY APPRECIATED.

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