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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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Im currently on probation until 2010 for grand theft second

Customer Question

Im currently on probation until 2010 for grand theft second dregree and making restitution payments. The company that im making the restitution payments already received their money from their insurance company. I wanted to know if i can convert my probation into a civil lien since i will be getting married in october with my fiancee who recently joined the air force. I have heard that since im on probation i wont be able to move in to the base once he gets his assigment. Please advise thanks
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 3 years ago.
Welcome to JustAnswer.

Will your probation end once you have completed paying your restitution? (This is sometimes done but certainly not always.)
Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Legal-Guru replied 3 years ago.
I need you to answer my question (if you can) before I can answer yours.
Customer: replied 3 years ago.
Yes my probation will end once i finish paying the restitution
Expert:  Legal-Guru replied 3 years ago.
Alright, that clarifies your question for me. Unfortunately, you cannot convert criminal restitution into a civil judgment or lien when your conditions of probation provide that your probation lasts until the restitution is paid in full.

Sometimes restitution is converted into a civil judgment or lien when the probation ends (because the probation was for a set term of years) and they still owe restitution, but neither the State's Attorney nor the judge is going to agree to give up the probation hammer they have over you if you fail to pay restitution.

I realize this is not the answer you hoped for, but I am ethically and professionally bound to provide accurate information and cannot give false information in order to make people temporarily happy with my answers.