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

Prescott Valley, AZ |
Filed under: Felony crime

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

Posted

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."

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Asker

Posted

Thank you for your response, Ms. Curry. I do understand that your answer on this forum does not imply an atty/client relationship between us whatsoever, but would like to share that I am sincerely confused as to why my husband's atty gave the advice he did, predicted the outcome he did, if the probability is so great that his probation will indeed be extended. And I can't help but wonder how great a role the PO will play in influencing the court to extend probation. I have no doubt that he will. From the start he has constantly pressured my husband to pay more, much more than we could reasonably afford. Last Christmas he even remarked that he would come by our house to ensure there weren't too many gifts beneath the tree (money going to gifts as opposed to paying restitution). I guess we simply have to wait for Nov. to see what will happen and if probation is extended work harder to free ourselves from this. Thank you again.

Kristen M Curry

Kristen M Curry

Posted

If probation is extended, your husband may want to consider asking the court to reduce the monthly probation service fee so he can pay more towards restitution each month. Good luck.

Posted

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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Posted

Thank you, Mr. Neufeld, for taking the time to respond.

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