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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Andre Alexander Rouviere
Criminal Defense Attorney – Coral Gables, FL
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Andre Alexander Rouviere
Criminal Defense Attorney – Coral Gables, FL
Criminal Defense Attorney – Coral Gables, FL
1
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.
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