Probation Termination Due Hardship

Summary

You can file a motion to terminate probation due to financial hardship yourself, but consulting a legal professional is advisable. Obtain the necessary forms from your local county courthouse or online.

Full Conversation

There’s a bit of details so it might take a minute or * to type out is that alright?
Of course, ****. Please take your time. We're here to help you as much as we can.
So * I was charged in Illinois with * counts of residential burglary(a class * felony in Illinois carrying *-15 years). I took a blind plea and was given TASC probation which is like a diversion program in Illinois for people who are drug addicted to have their records cleared if you complete the probation successful……I was given 5 years of tasc probation and given roughly $*,* criminal restitution……11 years later I am still in probation but have completed my tasc 6 years ago successfully and this is where my problem is…..there was a hearing on restitution and one of the victims of my crimes claimed to the court that I stole * times what I actually stole. I wanted to contest it but I attorney advised me that making the judge have the victim bring in proof of owning what she said was stolen would anger the judge and that it didn’t matter because at the end of 5 years the restitution would be discharged and become a civil matter and I would get an unsuccessful completion of the probation and the whole thing would be done. So I didn’t contest the restitution. 11 years later, my original judge is long since retired and. My current judge refuses to end my probation with unsuccessful and keeps bringing me in to make payments I DONT HAVE as I am also currently unemployed……I fully completed everything the court mandated, just couldn’t pay back the tens of thousands of dollars that weren’t even stolen
I see that you're in a difficult situation, ****. Have you considered filing a motion to terminate your probation due to financial hardship? This might require legal representation to ensure it's done correctly. Also, did you discuss the issue of inflated restitution with your attorney?
I did mention the Amonf of restitution being way to high and bogus to my public defender at the time and that’s when she told me not to worry about agreeing to the restitution amount because even if I could t pay it all by the end of 5 years it would be discharged anyways and become a civil matter.
I understand your situation, ****. You might want to consider:
- Filing a motion to terminate your probation
- Challenging the restitution order
- Seeking legal assistance
Remember, your rights and options may vary depending on the details of your case.
And I did not know about that???? Can I file that petition to terminate my probation due to hardship myself?
Yes, ****. You can file a motion to terminate your probation due to hardship yourself. However, because of the complexities involved, it might be best to consult with a legal professional. They can guide you on the process and help you prepare your case.
Where would I procure the paperwork for that filing?? Would I pick it up at my county courthouse?
Yes, ****. The forms required can usually be obtained at your local county courthouse. They may also be available online depending on your location. Always remember to fill them out accurately and completely.
I see, alright thank for your help and time.
You're welcome, ****. Remember, while navigating this process, it's always beneficial to consult with a legal professional. They can provide guidance tailored to your specific situation. Best of luck with your situation.
Thanks a lot
You're welcome, ****! If you have any more questions in the future, don't hesitate to reach out. Remember, it's always best to consult with a legal professional. Good luck!