Oakland County Michigan- Can my probation be extended if I still owe restitution?

Asked almost 2 years ago - Pontiac, MI

I was charged with 2 marijuana felonies in Oakland County MI - I did 2 months jail time and 2 years probation, over next week. I still owe about 4200.00 in restitution- can they extend my probation for that - I have had NO violations and have paid 100.00 per month for 2 years- never missing a payment

Additional information

if they were to extend are they obligated to inform me they have done so or will they just extend me without me knowing?

Attorney answers (3)

  1. Scott Christopher Kozak

    Contributor Level 4

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    Answered . In theory, they can absolutely extend your probation based on outstanding restitution. I presume that a portion of that amount is owed to the court in reimbursement for court costs, attorney fees, etc. and the county will be interested in collecting that. Except in limited circumstances, the judge has up to five years to keep you on probation, and collection of money is often used as a reason to do so. Your apparently regular payments as well as the short time period left certainly bode well for you, though. If probation wanted to extend you administratively or file a violation for failure to pay they typically would have done so already. It would be worthwhile to talk to your agent about alternatives to extension--consent judgment, wage assignment, etc--that will remain active after termination. If they extend you or file a violation you should absolutely speak to counsel about your options and potential solutions.

  2. Daniel P. Hilf

    Contributor Level 15

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    Answered . Yes. Extensions of probation are rather common in Oakland County. You may consider trying to borrow the money from a family member to make the payment so your case can be closed.

    Failure to pay restitution as directed could possibly trigger a probation violation. This is another reason to pay the money.

  3. Gary Francis Kennedy II

    Contributor Level 11

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    Answered . They will violate your probation probably because you still owe whatever you owe. Restitution is paid first before court costs usually so I'm assuming you still owe court cost. The best thing going for you is that you pay $100.00 a month regularly. Hire a criminal defense attorney to help you with this. A good attorney knows what to say in this situation to keep you out of jail. Some offices even do payment plans. Have you tried to borrow the money? Give an attorney a call today.

    Kennedy Law Office, PLLC
    586-580-1942
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