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Nate
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Experience:  Over 10 years of criminal defense practice.
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can probation be extended solely for restitution in Ca. if

Resolved Question:

can probation be extended solely for restitution in Ca. if im current on the payment plan the court gave me, but my probation time has expired
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nate replied 1 year ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Probation can be extended solely to allow time for restitution to be paid. If the probation is not extended, the court would lose its authority to enforce the restitution as agreed.

In most cases, the probation will be unsupervised with the only requirement being that the payments continue and one stay out of future trouble. If all other requirements have been met then this would be all the court would care about going forward.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Customer: replied 1 year ago.

i had personal dealings with the da in my criminal case outside of the courtroom, he was a member of a golf course, that i acquire in a foreclosure. i was instructed by the bank to shut down while we where under construction, so i did.I REALLY FEEL HE TOOK THAT PERSONAL THAT WHY HES ENFORCING ME TO PAY RESTITUTION.I HAVE A DOCTORS LETTER TO NOT WORK FOR A YEAR BECAUSE OF ALL MY MEDICAL REASONS, SO NOW HES TRYING TO EXTEND MY PROBATION FOR 2YEARS. MY FINE IS $45000,IVE PAID $13000COURT COMPLIANCE GAVE ME A PAYMENT PLAN OF $50 A MONTH FOR 3YEARS, IM CURRENT ON THAT, BUT MY TIME HAS EXPIRED ON PROBATION.....WHAT CAN I DO TO GET OFF..... ALSO SHOULDNT HE BE A CONFLICT OF INTEREST FROM THE BEGINING OF MY CASE BECAUSE OF THE GOLF COARSE...ALL OF THIS IS IN CA COURT.....BUTTE COUNTY

Expert:  Nate replied 1 year ago.
That's not necessarily a conflict of interest under the law. Even if it were, it appears that you've been ordered to be on this payment plan. The time to ask that the district attorney recuse himself from the case was back when it originally started.

If there is still more to pay then the probation will be extended. Like I mentioned, however, you can ask that it be unsupervised so the only requirement be that that you keep current on the payment plan.

As soon as you are done with the payment plan you can ask the court that the probation be terminated.

Customer: replied 1 year ago.

OK CAN I JUST PAY THE $1200 FOR THE 2YEARS A GET OFF.......I CANT MOVE ON WITH MY CAREER IN REAL ESTATE WHILE ON PROBATION....I HAVE A TEST COMING UP NEXT MONTH......AS OF TODAY IM DISABLE WITH BARELY INCOME......WITH A DOCTOR ORDERED LETTER NOT TO WORK......SO WHAT ARE MY OPTIONS ???

Expert:  Nate replied 1 year ago.
If you can pay off the balance owed as ordered by the court, there should be no problem with you asking the court to end your probation. Your request should be granted.
Customer: replied 1 year ago.

I OWE 45,000 IVE PAID 13000, MY PAYMENTS ARE $50 AMONTH, IVE COMPLETED MY 3 YEAR TERM, THE DA REQUESTED AN 2 YEAR EXTENTION, SUPERVISED PROBATION....THE JUDGE SAID COURT PROBATION....SO IM NOT CHARGED ADDITION FEES, DA STILL WANTS SUPERVISED......HE AGREED TO WAIVED ANY COST......I FEEL IVE SERVED MY TIME AS AGREED.......I DONT HAVE ANY INCOME FOR THIS.......AGAIN I HAVE A STATE TEST NEXT MONTH, BUT CANT TAKE IT WHILE ON PROBATION...............PLEASE JUST GIVE ME YOUR BEST SOLUTION...ADVICE.........I CAN PAY OFF THE 2YEARS WORTH OF PAYMENT BUT NOT 40K.........JUST TRYING TO START MY CAREER THIS CASE WAS CREATED IN 2003.....ITS VERY OLD.......I EVEN HAVE LETTERS FROM LAW ENFORCEMENT AND FBI ON GOOD CONDUCT IF THAT WILL HELP ANY..........WHAT DO I DO ??????

Expert:  Nate replied 1 year ago.
As long as there is a balance owed, there is going to be probation no matter how long ago the case started. You should ask that it be unsupervised, though, as I stated previously.

I've dealt with dozens of cases similar to this. The total owed was ordered by the court and they are going to want you to pay something against it no matter how long it takes. There is simply no way around that. You may be able to reach an agreement with the state to pay a lump sum and terminate the probation, but there is nothing in the law that would make them agree to anything less than the total amount owed.

If you don't have the income, you can ask that the payments be reduced, but that would simply extend the amount of time you'd stay on probation.
Customer: replied 1 year ago.

IVE PAID $13000..........ALREADY


 


THE FIRST VICTIM IS OWED $17000


THE INSURANCE IS OWED THE REST OF THE 40K.......


 


IN 2 MORE YEARS THATS ONLY 1200 MORE......THATS THE MAX THEY CAN HOLD ME


 


BUT SO IM CLEAR YOURE SAYING ASK THE DA FOR A SUM TO END PROBATION........

Expert:  Nate replied 1 year ago.
The maximum is whatever you agreed or were ordered to repay. The only way to end it sooner is by agreement with the district attorney. That would be your next step.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10630
Experience: Over 10 years of criminal defense practice.
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