Log in

View Full Version : Restitution


user1753
Dec 23, 2009, 10:08 AM
I have been convicted of mischief under 5000 x 28 (or something like that). I am currently serving out a on year term of house arrest and 150 hours of community service. There is a standalone restitution order(s) in the amount of $13000, but when the justice issued my sentence he said it would be $26000 and I have individual copies of each order and the amount does in fact come out to be $26000. I have been making payments and when I go to the courthouse to do so the total restitution that they have on file is $13000. I have mentioned this to the courthouse and they verify that I owe $13000 and my lawyer also verifies this. I plan on applying to the Canadian Forces at the end of my house arrest and I have spoken to recruiting officers about applying with a criminal record and a restitution order and have been told that my applicaton will not be considered if I have any outstanding legal obligations(house arrest) or restitution orders. So, I plan on having the $13000 paid off by the end of my house arrest but when they check my record are they going to see that I owed $13000 or $26000?

excon
Dec 23, 2009, 10:36 AM
but when they check my record are they going to see that I owed $13000 or $26000?Hello user:

I don't know. My bet would be that they'll see the court record and nothing more. Before I paid another $13K, though, I'd take the chance that it won't show. If it does, pay it and join up.

excon

ballengerb1
Dec 23, 2009, 11:06 AM
Explain what expenses were to be covered by the $13000 resitution. Did you and your lawyer ask why the judge said $26K when he sentenced you?

user1753
Dec 23, 2009, 11:14 AM
Thanks for the responses so far. The restitution is damages to personal property (cars), the total dollar amount of damages was $52000 which was split in half between the co-accused an myself.

Fr_Chuck
Dec 23, 2009, 01:42 PM
It sounds like a error in paper work, they may find it when you go to pay off, or they may never find it. BUT, they may find it in 2 years when you are starting to change your life around.Best bet, get your attorney to straighten it out properly and start with a clean slate

user1753
Dec 24, 2009, 01:55 PM
As I understand it, yes probably an error in paperwork. Each person involved would have received a copy of the damages to their own property. So there is $26000 in debt floating around but I'm most concerned with what the background check that the military is going to perform will turn up. Are they going to see what the courthouse sees or will they see each individual order?