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What happens after supervised release. Do I have to go to court.

Tampa, FL |

In 2008 The court order 5 years supervised release. So in Nov 2013 will be my 5 years. There is no way I can pay restitution by then. I have n't been in any trouble since by charge and I am a disable Veteran.
I was charged with access fraud device.

Attorney Answers 4

  1. Courts will often impose probation on a defendant during the sentencing phase of a criminal conviction. Probation requires that the defendant comply with strict requirements, which may include anything from paying fines and court costs to completing anger management or drug school. Failing to comply with ANY of the probationary terms may result in a violation of probation (VOP). The consequence for violating probation are severe and can even include the revocation of probation and the imposition of a jail or prison sentence. It is best to avoid violating any of the terms of your probation. You should speak with a local attorney about your situation and see if a modification or early termination of probation is possible.

    We have offices in Tampa:

    This is general advice and not intended to form an attorney-client relationship.

  2. What I recommend you do is get your case back before the sentencing judge and ask for a break on the restitution. It's not good because they do like to get their restitution paid, but depending on how much it is and what your disability is, you might catch a break. However, there is some good news in here. They'll have a hard time violating your probation because you can't pay. If they try that, do not admit the violation and get a lawyer pronto.

  3. Assuming you have been making good faith efforts, consistent with the instructions of your probation officer, to make restitution payments, you will not be violated for failing to pay money you don't have. In 2013, when your supervision ends, the amount outstanding can be converted to a judgement against you and the feds will continue for 20 years to take steps to collect on the judgement. You will not have to go back to court unless the probation officer takes the position that you have violated the terms of your supervision by failing to pay. This would require evidence that you could have been paying more than you have. Given what you have said, this seems unlikely.

    This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.

  4. Pursuant to 18 USC Section 3613(b), the Government may collect restitution from a defendant for a period of 20 years from the date that the judgment was entered or the defendant's release from prison, whichever is later. After your term of supervised release expires, you may be able to negotiate an accord and satisfaction (settlement) with the US Attorney's Office's Financial Litigation Unit in the district of your conviction.

    Joshua Sabert Lowther, Esq.

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