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    My1stOffence's Avatar
    My1stOffence Posts: 2, Reputation: 1
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    #1

    Aug 20, 2013, 01:05 AM
    Is asking for a restitution hearing a bad idea?
    Hi, I was arrested on the 4th of July for aggravated assault. A guy provoked me and I punched him once which caused him to get stitches. I told the cop the complete truth and the victim lied to the cop. I plead guilty and just about everyone who read my file was supportive 3 cops and my probation officer. I believe the judge gave me the minimal sentence, because I owned my crime and was truthful. Well, the judge said I can fight the restitution if I believed it's too high. Is it a waste of time if ask for a restitution hearing?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Aug 20, 2013, 03:20 AM
    How much was awarded? Was it just for medical, or also pain and suffering, or time lost from work?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 20, 2013, 07:50 AM
    No, you can ask for proof of the amounts
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 20, 2013, 07:59 AM
    Hello My:
    Is it a waste of time if ask for a restitution hearing?
    It is NOT a waste of time.

    Excon
    My1stOffence's Avatar
    My1stOffence Posts: 2, Reputation: 1
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    #5

    Aug 20, 2013, 08:51 AM
    Well, my probation officer said when he gets all the bills, he would let me know the total amount. So, far he got a bill for a CT scan for 143$. At first I assumed I would be paying for a CT scan and stitches. But, I see he could try to max out restitution after doing some research. I will let you know when I know the full amount. The victim had an attorney and insurance so I know he's got money. Took me a year to save $2,000 and I'm pretty much broke now. Also, will I get the same Judge at my restitution hearing if I decided to fight this? And did the judge already decide what type of restitution I'd have to pay when I pleaded guilty? As in medical, lost wage and pain and suffering? If he did, I can ask my probation officer. Also, if I decided to fight the restitution, am I looking at another big court bill? Because I'd also have to drive out 3 hours to get there. Thx for your help.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Aug 20, 2013, 09:03 AM
    Hello again, My:

    The "big court bill" you paid should cover this hearing too. You need to weigh the costs of fighting it, with how much they're claiming.. You can make payments and they might not be subject to interest.

    excon
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #7

    Aug 20, 2013, 09:25 AM
    You may not get the same judge, and he probably didn't set the amount then, unless he set what the amounts would cover, and leave it to you to get a hearing and get proof of the bills, and fight any you think are unreasonable or untrue.
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