if u signed a paper fpr restittution are u truely obilagted to pay them?

Asked on June 13, 2009 under Criminal Law, New York


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are sentenced already and restitution was part of the sentence then yes you are bound by its terms. Normally, your sentence is based on that amount of restitution and it becomes a court order. If you do not live up to that, there may be consequences depending on your sentence. I am assuming that the restitution agreement you signed was as a result of you taking a plea. If you have been sentenced already you are out of luck. If you have not yet been sentenced, then it is possible that you can get the Judge to vacate your plea but it is unlikely. Even if you are successful you may run the risk of getting a worse deal. Without further information from you I cannot fully answer your question. I would immediately contact your criminal attorney and ask him about this. However, you are probably stuck with it.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes. Absolutely.  Otherwise, you could be in contempt or guilty of yet another crime.  Why would you even ask the question.  Just pay it.

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