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?
Criminal Defense Attorney
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."
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.