Restitution

[grenko26]

I was on probation for one year, I was also sentenced to pay restitution. As of September of 2002 I was released from that probation, the court extended the restitution until March of this year, my probation officer just realized it had lapsed and now she is saying that unless I pay the full restitution by Monday she is going to take me back to court. What I want to know is can she legally bring me back to court on a case that has already expired? If not could you please tell me where to find case law on the matter.

 

[Michael Wechsler]

It doesn't sound like the case expired. It sounds like you missed the deadline, albeit unintentionally. It is your responibility to do something, not the court to force you to do so. The officer seems to be giving you a break, IMHO.

 

[grenko26]

No the case has expired as september 15, 2002 and the restitution order expired March 2003. So all i really wanted to know is how can she bring me to court on a expired case.

 

[Michael Wechsler]

Originally posted by grenko26:
No the case has expired as september 15, 2002 and the restitution order expired March 2003. So all i really wanted to know is how can she bring me to court on a expired case.

What do you mean the order expired? If you were required to make restitution by a certain date in an order, then it is something you are compelled to do. It is not a case but an order of the court with which you might not have complied. I don't have the paperwork in front of me but that is what it seems to be from what you state unless you can be clearer as to why you think this is not the case.