Q: Can a judge extend probation due to unpaid restitution after completing prison and release terms?
Can a federal judge keep me on probation longer than I was originally sentenced because of unpaid restitution, even though I have completed my full prison term and supervised release? My probation terms required paying 10% of my income in restitution, but as a Social Security recipient, I could only pay $10 a month. I've submitted all financial documents, and my probation officer mentioned the possibility of a probation extension due to restitution. The original restitution amount was $280,000, with $279,920 remaining unpaid. I sought early termination of my probation, which was denied because of the restitution issue.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Yes, a federal judge can extend your probation period if restitution remains unpaid, even after completing your prison term and supervised release. Restitution obligations typically continue until fully satisfied, and courts have authority to enforce payment through probation extensions.
However, the court must evaluate your financial situation carefully. If you've faithfully made payments as required and genuinely lack the ability to pay more due to limited income—like your current situation with Social Security—the judge must consider this in deciding whether extending probation is justified. Probation extensions usually occur when the court believes the defendant could pay more but hasn't done so, rather than when genuine inability to pay is demonstrated.
Given your circumstances, it's important to clearly present your financial constraints to the judge, including evidence of regular, timely payments and your limited monthly income. You might also explore alternatives, such as requesting a modification of the restitution amount or payment schedule, to better align with your actual financial capabilities. Consulting with a public defender or attorney experienced in federal probation cases can further help you navigate this challenging situation and advocate effectively before the court.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
