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Has anyone used the recent SJC decision in Commonwealth v Henry to have a probation not extended due to restitution not paid in full by end of the probational period?  I have a client who has a final surrender hearing and his probation violation is not paying the restitution in full.  In violation of Comm v Henry the judge allowed the PO to set the monthly payments.  My client has made all the monthly payments including a $10,000.00 down payment, he still owes 13,000 in restitution.  I assume will still have to prove that he cannot pay the remaining $13,000.00

Thanks