Legal Question in Criminal Law in New York

if you are on probation for 3 yrs and the date of probation is over 5/4/21 and you are suppose t pay restitution can the probation be extnded?

Asked on 8/04/21, 1:29 pm

1 Answer from Attorneys

Aaron Carr Carr Law Firm

There are a couple of facts I would need to know for certain, but generally here is how it goes

1. If you pled guilty to a misdemeanor and were ordered to pay restitution as part of probation the probation period can't go beyond the 3 years (which is the maximum term length of probation for a Misdemeanor). However if the probation department filed a violation of probation before the expiration date then the period of probation could be held open by the court to give an opportunity to pay it to avoid a harsher sentence of say jail for failing to comply and then probation could be discharged/closed once restitution is paid.

2. If you pled guilty to a felony the maximum term of probation is 5 years. If the court sentenced you to 3 years probation, which would be unusual, the court could bring you back to be re-sentenced to longer term of probation to comply with restitution.

3. The probation department would file the violation or request re-sentence from the Court and a court appearance by ypu would typically be required in either case.

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Answered on 8/04/21, 3:19 pm

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