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baby_blue · Jun 20, 2011, 06:48 PM

Hello I have a situation that I hope someone might be able to lead me in the right direction or give some advice on what is the next step to take.

I had pleaded quality to theft over $5000.00 almost three ago now. I had a lawyer respent me at the time, I was given Conditional Sentence of 6 months, no jail time but restitution. There is no time limit or time frame stated on the Restitution order for the amount to be paid by. The lawyer's for the other party want the amount to be paid in full by such time basically a month after the conviction. My lawyer informed the judge at the trial at that time I was a single parent, on welfare. My lawyer and I have made the Lawyer's for the other party aware that it was not possible to by the amount in the time frame they wanted, and if there was so type of payment plan and the amount that could be worked out due to my finanical difficulty. It has been almost three years now and nothing has been given to my lawyer or sent to me about anything that could be worked out.

My phone number has been the same now for 4 years nothing was sent to or was I called by my lawyer or them. I have seen my lawyer a number of times at the court house since my hearing and I have asked if there was any news from them he said "No nothing as of yet". With the help of the local RCMP office they have been trying to help me get a pardon started so I can get a job and start a new life for me and my children that just recently today exactly did I hear from the company that filled the charges. They didn't not mention anything about lowering the amount, other then they will do a payment plan without involving the lawyers. I did not deni that I did the crime, or when trying to find employment do I had the fact because as soon as the employer wants a criminal record check done it will be there. Doing the crime has devistated my family and my life. Not being able to find work or having the criminal record limits me for employed it is very hard to even try paying if off being on Welfare. Does anyone have any suggestions as to what I may or can do.

Thanks
NS

excon · Jun 20, 2011, 07:01 PM

Originally Posted by baby_blue

Does anyone have any suggestions as to what I may or can do.

Hello b:

Here in the US, the criminal court awards restitution and the criminal court can invoke sanctions if it isn't paid. The other lawyer has NO standing in the case. I'll bet Canadian law is the same..

Therefore, ANY payment arrangements MUST be worked out with the criminal court. Since there weren't any payment arrangements in the first place, it would be MY assumption that the COURT assumed that payments WOULD be made during your supervision...

Not paying a nickel while you wait for a payment plan WON'T be a very good excuse when and if the court violates you... So, if it were me, I'd start paying...

excon