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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 25916
Experience:  Active member of the NYS bar since 1989
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Im about to finish probation for a dwi charge in NYC, I owe

Customer Question

Im about to finish probation for a dwi charge in NYC, I owe restitution payments of about $1000 dollars, not sure what i should do
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: New York City Nassua Coount
JA: Has anything been filed or reported?
Customer: County"
JA: Anything else you want the lawyer to know before I connect you?
Customer: I could pay it off in about 2 months
Submitted: 7 months ago.
Category: Legal
Expert:  Zoey, JD replied 7 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 7 months ago.

Restitution must be set in an amount a defendant can actually make, and with those defendants who don't have much money, that frequently means that probation run its sentence but the defendant still owes money.

Typically, what will happen is that probation will violate you (they will have to do the paperwork) but as long as you have been making your restitution payment and having been ducking them, your probation will be extended for you to finish paying restitution. The US Supreme Court has basically held that it is no crime to be poor. Your situation is only a worry when you've got the money to pay restitution, but you you've been intentionally ducking your responsibility.

Let your lawyer know in advance and he can be there at the hearing, but if you've been doing what you should all along, this should work out fine for you.

If you require additional information, please post your follow up here on this question thread, and I’ll be happy to provide it.

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