What can I do if I believe my husband’s restitution was inaccurately calculated?

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What can I do if I believe my husband’s restitution was inaccurately calculated?

The prosecutor (which happens to be a US Attorney) will not acknowledge my requests for a copy of a victim impact statement. I would like to know what exactly we are paying for. Is there another way I can get this information?

Asked on January 15, 2016 under Criminal Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your husband has already accepted a plea deal, then the U.S. Attorney doesn't have to communicate or respond.  By law, it's a done deal... or at least until someone opens it back up.  The time to challege the amount of restitution is before a plea is entered and finalized.
If your husband has not entered a plea deal or his case has not been finalized, then your husband's attorney needs to request this information via the plea process.  The U.S. Attorney will communicate with his attorney and is really not supposed to communicate with the defendant directly... which is why they are probably not communicating with you. 
If your husband's case is closed, then he needs to file a motion to modify the terms of the plea based on a mistake... however, keep in mind these are not easy to perfect or obtain. 


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