Wednesday, January 18, 2017

Can a Judge Remove the Balance of Restitution from a Closed Case so I can get Clemency? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:    Is it possible to have a Judge in Miami Dade County remove a restitution balance from a previous case? Hello, I was placed on probation 10 years ago for 1 year and was told to I needed to pay restitution. At the 8 month mark, a hearing was held to early terminate my probation. I had the remaining amount towards the restitution with me in the form of a money order. It was my time to go before the Judge at which time, the Judge asked my probation officer to come up front but they were not in the court room and not in the building it seemed either. At which time, without further adieu, the Judge said, thank your probation officer for not showing up your probation is now terminated. He never asked for the payment and to be honest, I think the State asked about it and the Judge said like I said probation is terminated. Fast forward 9 years. I sent in a Clemency form to the State of Florida so that I could have my rights restored. Within 3 weeks I received a letter back stating that I could not be award clemency because of, you guessed it that restitution payment. I would like to know if I am in fact required to still make that payment and if so, how can I find out the balance owed or if not, how can I get this lifted so that I can move forward with the clemency request? Thanks!





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Answered . Yes. You are still required to pay restitution. Termination of probation does not discharge your obligation. You can "get this lifted so that [you] can move forward with the clemency request" by paying off the restitution balance.

It may not have been your mistake but it is your problem (and debt).

I hope that I've been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less




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Asker
Posted 3 months ago.
Thank you very much for your response. If I were to contact you on Tuesday, would this be something that you would be able to handle for me? I do know that the new Judge on the bench may or may not agree to lifting the amount owed which I believe is only just over $1000.00 but surely less than $1200.00.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted 3 months ago.
All AVVO participating attorneys are prohibited from soliciting business on this site. That said you are perfectly free to contact any attorney you wish (myself included) and AVVO provides both email and telephone options. For you to do so.

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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