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Im on misdemeanor and felony probation, im being violated for my misdemeanor because im behind on my restitution ,

Cortland, NY |

i also have the same probation officer for my misdemeanor and felony , what can i do and what should i expect?

Attorney Answers 4

Posted

You can/should do the following:
1 Contact the attorney who represented you on the underlying charges
2 Follow the advice given

If you don't, you can expect:
1 A negative report to the judge
2 Some jail, so there is more to hold over your head

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Posted

If you're behind on your restitution because of money issues, make sure you have documentation showing how much you're making. If you're looking for a job, bring in documentation supporting that statement. Generally, if you can show the judge that you are doing your best but the economy/unemployment/child support (whatever the issues is) is making it difficult for you the comply with your probation terms, you'll be treated more leniently. Also bring in documents showing how you're going to improve the situation.

Talking to the attorney that represented you previously is an excellent idea, because he or she will have a better understanding of what that particular judge will want to see. Good luck!

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Posted

It always depends on what judge you have, however, for the most part, you will not get revoked simply because of lack of funds if you have completed everything else. At your MTR hearing, you will need to have a very good excuse as to why you haven't been paying restitution. You will have to show what your hardship is so that the prosecutor will not want to revoke your probation. Sometimes when money is the issue, your attorney can reset the case to give you time to pay it off. Maybe get a second job or borrow some money so that at least the misdemeanor can be terminated and you can focus on your felony probation. Good luck!

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Posted

The answer posted first is advice you should follow.

Your two probation sentences are likely running concurrently. I am not aware of any way in which you would be having the two of them run separately. Thus, it would not be possible here in New York to end the "misdemeanor" probation by paying it: you are on probation for the entire term set by the courts involved. In all likelihood, your misdemeanor probation will end before your felony term.

It also seems likely that you are being violated on your felony probation. I would follow the advice of quickly accumulating as much documentation as you can about your ability to pay and getting it to your attorney as quickly as possible. If you no longer have a relationship with that attorney, you should seek counsel as quickly as possible or seek assigned counsel. You are *not* entitled to a trial on a violation of probation and it is possible for there to be a hearing on your first appearance . Moreover, Cortland County's judges are no different from those in our surrounding area: they take a dim view of a failure to pay, particularly when you have had a long time to pay.

Disclaimer: We are providing this general reaction to your question for discussion and informational purposes only. Our answer could change depending on the specific facts of your situation. This answer is not intended to be legal advice and providing this answer or your reading it does not create a lawyer-client relationship: we create such relationships only when there is signed a retainer agreement with this Firm.

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