How to get restitution amount reduced?

Question Details:

I am on parole now. My probation and restitution of $2000 starts in January 2010. I need to know how to get the restitution amount reduced to something I am able to pay.

Asked 11/14/2009 under Criminal Defense | 790 View(s) | More Legal Topics

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Criminal Defense Law Answers

Your restitution payment is required as a result of the plea that you entered into.  the purpose of rsstitution is not a  penalty but rather to make the victim of the crime whole.  Therefore, you are not likely going to be able to have the restitution reduced.  However, you may be able to ask that the court stretch the payments out over time to an amount that you can afford to pay so that you do not violate your parole.  If you violate your parole, you will be exposed to even more time in jail.  I suggest that you hire a lawyer to make a motion to extend the time for you to pay the restitution.  The state should not oppose this as you are not dodging the payment, rathert you need more time to make the payment.  I suggest that you bring a pay stub to your lawyer to show the court along with a financial statement that shows how you cannot afford to make the payments unless some accomodation is made.

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