Will husband's probation be extended for not paying his restitution in full?

Asked about 2 years ago - Prescott Valley, AZ

2 yrs ago my husband was convicted of felony theft, sentanced to 30 mos probation & ordered to pay $8k restitution. He pays $100 p/m; half goes to probation fees. His atty advised him not to try to pay the entire $8k by the end of the probation period. There was no expectation he'd be able to. After 30 mos, the court would file a judgement for the remainder & let him off probation. Then he could apply to have the felony removed from his record. But my husband's PO insists his probation will be extended if the $8k isn't paid off before the 30 mos are up. He can't consult with his atty about this as he took his life after my husband's case ended. My husband still owes $6k & it won't be paid off in time. Is what the atty said correct & can we expect it to go as he said or is the PO right?

Attorney answers (2)

  1. Kristen M Curry

    Contributor Level 9

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    Answered . Probation can be extended if restitution has not been fully paid. Sounds like the PO will be requesting that the probation be extended for that reason. I always tell people, "the sooner that you pay restitution, the sooner you will be off probation."

  2. Michael Aaron Neufeld

    Contributor Level 12

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    Answered . It can be whether it will be or not is at the discetion of the court, a court many times will extend probation if it is not paid, but often times they don't the fact that it is owed to a victim makes it more likley it will be extended.

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