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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23589
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am on criminal probation, I owe restitution-I had to get a

Customer Question

I am on criminal probation, I owe restitution-I had to get a cash bond to get out of jail for an MTR (not able to pay the amount of restitution ordered). How can the cash bond be applied to my restitution? And what is the procedure for an early termination of probation? Does probation have to be complete to have the release of the cash bond? Does a judge have to ok early termination of probation? Or can attorneys discuss this and present at a hearing to a judge? How does this work? Thank you!
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 2 months ago.

A judge must order the termination of your probation and will generally entertain a request for early termination when you have finished at least half of your sentence, if a probationer has not been in any trouble while on probation, if he owes no fines, restitution, or fees and if he has completed all of his special conditions.

The cash bond could be applied to your restitution if the judge were inclined to order it, but it has to be paid before probation can end. (In fact, even if you finish all of your probation but haven't paid all of your restitution, probation can be extended until you do).

Apart from the restitution issue, the real key to a petition to end probation early is your probation officer. You need to talk to your probation officer about this and see what he thinks. If your PO agrees that you're a good candidate for an early release from probation, the judge will likely go along with it, and your PO will likely help get you before the judge so that you can get this done. If probation opposes early termination, generally the judge will deny it, absent very special circumstances.

So speak to the officer who is supervising you and tell him you'd like to apply for early termination. His or her response will tell you whether probation will stand behind you or not, though you can contact your lawyer and file a petition regardless.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.