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I'm on probation can I be released from probation without paying all the restitution?

Dallas, TX |

I was given 5 years on probation

Attorney Answers 4

Posted

Generally speaking, to be eligible for early release from probation you must fulfill all terms and conditions of your probation, which includes paying all restitution. Unless there is some special circumstances with your case, I'm going to say no you cannot get released early with out paying restitution in full.

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Asker

Posted

My probation is going to end in December. I still owe restitution and fines I've done my community service. Will I be sent to prison because I can't pay in full or will the court extend the probation

Joshua Michael Floyd

Joshua Michael Floyd

Posted

I agree with Ms. Walters if your probation is expiring.

Posted

Probably not.

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Posted

There are so many factors that come into play here. If they think they're never going to get it and you've made serious efforts, they may let you go, but they're more likely to extend you. It's not likely to get you revoked, unless they're able to prove that you could have paid but didn't.

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Deepali Meenu Walters

Deepali Meenu Walters

Posted

It'll also depend on your judge, so you might want to contact your old attorney and get that person's advice. Also, the type of restitution may matter, like if it is to a lab for drug testing vs. a store vs. a private person.

Posted

You will not get early release from probation, if that's what you're asking. Most Dallas judges will extend your probation if you're nearing the end and you haven't finished paying your restitution. If you get maxed out on all extensions and you still haven't finished paying, the judge cannot revoke you unless the State can prove you had the ability to pay and were willfully not paying. The judge can, however, give you an unsuccessful discharge from probation. I would make every effort to pay the restitution unless you want to spend about fifteen years on probation.

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