I'm on five years probation and it's up in February. I haven't had any problems except I have to pay restitution to the victim. The money I still owe won't be paid by the time my probation is supposed to be up. My probation officer told me he is going to recommend that I do another two years probation. Is this legal? Isn't it kind of like double jeopardy? Can't they recommend administrative probation where I can just mail my monthly paper to them as long as I keep making payments?
You can ask for non-reporting probation but that will not solve your problem. If it was a second degree felony they can extend the probation up to 15 years. Restitution has to be paid as part of the sentence. Having your probation extended is a lot better that getting a violation for not paying the restitution.
You need to hire an attorney to address this for you with the court. If you were on probation for a second degree or higher charge then probation can be extended. It is also possible that the Judge will allow your extended ptobation to terminate automatically as soon as the restitution is paid off.
Daniel M. Berman This is not to be considered legal advice nor does an attorney-client relationship exist.
Contact an attorney. If you do not have the funds to pay the restitution then the judge can convert it to a civil lien. You want to be off probation as soon as possible. Probation is a ticking time bomb on your freedom. Don't wait for your probation officer to make a recommendation apply hire an attorney immediately so you can go on the offensive.
Answers to proposed questions on Avvo does not constitute legal advice and does not form a lawyer/client relationship.
If you are unable to pay the final amount of restitution, your Judge may convert the balance to a criminal order of restitution. Once you have completed all of the conditions of probation, you should consider filing a motion to early terminate your probation, or in the alternative convert the balance of probation to non-reporting probation.
Each case is different and your plea agreement may have language within it that will dictate if early termination is an option or specifically stated not part of the plea.
To directly answer your question, a probation officers recommendation is just that, a recommendation to the Court. The Court and State are free to take into account that recommendation or ignore it completely.
Double Jeopardy has no bearing on your situation.
** This is for general information purposes and does not constitute legal advice. Contact a lawyer in your area for specific advice to your specific case and needs.
As stated above, the Judge may convert the remainder of your restitution to a civil judgment and still allow you to terminate your probation, but you do not want to wait for your probation officer to make a recommendation, get an attorney to file a motion with the court, especially if your PO is suggesting that your probation should be extended for two years.
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