if convicted of “theft by swindle” owing $249,000.00 with 21months spent in prison. Does Appellant still owe the $ after 10 yr time. St of MN

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if convicted of “theft by swindle” owing $249,000.00 with 21months spent in prison. Does Appellant still owe the $ after 10 yr time. St of MN

The state eventually charged xxxx with six counts of theft by swindle, in violation of fraud in connection with the offer, sale, or purchase of securities, and selling securities without a license and selling unregistered securities�As part of a plea agreement, xxxx pleaded guilty to one count of aiding and abetting felony theft by swindle in excess of $35,000, xxx agreed to pay restitution in the amount of $249,000.00

Asked on June 19, 2009 under Criminal Law, Minnesota

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Minnesota attorney, but I very much doubt that a restitution provision in a plea agreement would just "go away" after 10 years.  The law and procedure vary somewhat, from one state to another, but it would be my guess that to avoid paying the restitution, the defendant would have to make a motion to the court to modify his sentence, and there would have to be some very good reasons shown.  This would be a tough sell even for an experienced attorney, even with facts that made it possible to raise the question.

If a person were owed part of that restitution, he or she might be able to make a motion to compel the defendant to at least begin complying with the order.

In either case, a good criminal lawyer would be almost absolutely necessary, and a full review of the facts, well beyond this outline, would be needed for advice you could rely on.  One place to find an attorney is our website:  http://attorneypages.com

 


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