Ask Me Help Desk - Decrease on restitution

Decrease on restitution

I am ordered to pay restitution, however the amount per month is too high for me, due to my small income. Can the amount be changed through court

Hello tissi:

Sure it can. Have your lawyer make a motion. Will it be reduced? I doubt it. You may have to get a second job.

excon

You may also go the other route by asking for your probation to last longer so you can pay the remainder of the restitution and not be in violation of not paying it all before your probation ends. Talk it over with your PO and ask them if this is possible. Don't wait until the last 6 months or less remaining on your probation to do this. Some judges will let you extend your probation in order to finish paying off the restitution. It's worth asking about as you never know how the judge will react to your request. Lowering the monthly amount is an option and extending the probation to facilitate the payoff. I've seen it happen in several cases here in Ohio that the probation was extended up to a year in order for the person to pay off everything. If your restitution is not paid off in full by the time your probation is coming to an end (say 3 months prior to ending) you will be violated and sent to serve your original sentence or you have the option of paying it all off prior to the probation's ending.

Quote:

Originally Posted by twinkiedooter

You may also go the other route by asking for your probation to last longer so you can pay the remainder of the restitution and not be in violation of not paying it all before your probation ends. Talk it over with your PO and ask them if this is possible. Don't wait until the last 6 months or less remaining on your probation to do this. Some judges will let you extend your probation in order to finish paying off the restitution. It's worth asking about as you never know how the judge will react to your request. Lowering the monthly amount is an option and extending the probation to facilitate the payoff. I've seen it happen in several cases here in Ohio that the probation was extended up to a year in order for the person to pay off everything. If your restitution is not paid off in full by the time your probation is coming to an end (say 3 months prior to ending) you will be violated and sent to serve your original sentence or you have the option of paying it all off prior to the probation's ending.

This would not apply to me, I am presently on Parole, as I have a split sentence, after my parole ends in 2011 I have Probation for 5 years, that's when I start paying my restitution, however, the amount is $400.00 a months for a long long time, and will continue after my probation. I need to get the amount lowered in order for me to live. I am on Social Security. But thanks for answering promptly, it is appreciated. By the way I am in the State of Georgia.

Well, I know you don't want to hear this but you could start paying before probation, then there won't be so much to pay back. You'll have at least 2+ years head start on this. In the meantime you could still ask for the length of the probation to be extended to afford you a longer pay back time. I know that's not what you want to hear but once a restitution amount has been set by the Court it's basically up to the individual to come up with the money. I know $400 a month is a lot of money living on SS, but you are just putting off the enivatable. Even if you'd put some extra money aside every month now while you are on parole you can use that money to help you pay the $400 a month when you must start paying it back. This is $24,000 that you have to pay one way or another. You can't just ask the court to reduce it for you unless you ask for more probation time with which you can use to pay it back. They won't let you off probation until this amount is paid in full regardless of how long it takes you to pay it back.

This may be a dumb question but, is there any "financiaal aid" that you can request upon to help pay restitution off?

Quote:

Originally Posted by shelbykapri

this may be a dumb question but, is there any "financiaal aid" that you can request upon to help pay restitution off?

Hello s:

Nahhh.. The purpose of restitution is so that the perp feels some pain. There's no pain if somebody else pays it.

excon

What is the worst that will happen, I mean, in three years when I get off probation and I haven't been able to pay everything, what is the best that could happen..?. considering I already know the worst.

Hello again, S:

That's a good question... In lots of cases the restitution is so high, that it will NEVER be paid off during the time of probation.. Some jurisdictions just extend the probation. Some end the probation and make restitution a civil issue. And, there's some that put their charges in jail for a violation... It's all over the board, and I don't think there IS a proper legal answer.

I'd argue for release. You'll need a lawyer.

excon

Hmph. Thank you for your answers... what would be a good argument? I owe around $40,000... by November 2014... and there is no way I'll get it paid... and when I got sentenced my lawyer didn't tell me he sucked before-hand :( so I would like to have my own argument just in case I have to fire my lawyer or something like that.