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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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On 01/14/2008, I plead guilty to a charge of aggregate theft

Customer Question

Customer: ***** *****. On 01/14/2008, I plead guilty to a charge of aggregate theft >20K. I had no criminal record and a deferred adjudication probation was ordered. The restitution was $32K. The prosecutor was Alex Zocchi. The court costs of $2000 were probated (no objection by Mr. Zocchi). Due to my relatively destitute condition at the time (unemployed and broke), the court and prosecutor agreed to a minimum payment of $100 per month and an extended probation period of 10 years (to facilitate payment of the restitution). Judge Howard codified the $100 minimum payment on the record by making a statement that I would have a large balloon payment due at the end of the probation, should only the minimum payment be made throughout the course of the probation. More..just a sec
JA: Thanks. Can you give me any more details about your issue?
Customer: In October of this year I paid off the balance of the restitution (about $13K) with no interest for a year credit cards. I had been told throughout the time I reported that once the restitution was paid the PO would send the file to the court for early release. The problem is my PO is not very responsible, has played games with my record (indicating I didn't report on days that I wasn't scheduled, not there when I come in to report, makes me wait more than an hour, etc.) and seems to have not yet sent the file to the court. I'm not sure what his intention is, but it seems he's not really interested in doing anything to help me. I cannot continue to miss hours from my work day (I have a very good 8-5 job and they DON'T know I'm on probation) to report and then often times have to be rescheduled. I want to know if there is a good chance an attorney can get me early release. I also want to know if there is any way to have the case removed from my record altogether; I understand there is a motion to seal the record, but I understand there is a 7 year waiting period. I'm wondering if there is any way around that waiting period. By the way, the reason I gave the history before stating my problem is I believe the judge was sympathetic to my case. The alleged victim of my case was PayPal in an eBay business that went bad.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes.
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Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
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