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

Asked almost 2 years ago - 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?

Attorney answers (4)

  1. Adam Feldman

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    Contributor Level 12

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    Answered . 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

  2. Tedia K. Gamino

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    Answered . 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.

  3. John Paul Thygerson

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    Contributor Level 17

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

  4. William A. Jones Jr.

    Pro

    Contributor Level 20

    Answered . 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.

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