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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
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MY HUSBAND WAS CONVICTED IN 2001 IN 2002 HE WAS RELEASED FROM

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MY HUSBAND WAS CONVICTED IN 2001 IN 2002 HE WAS RELEASED FROM PRISON AND THE JOC STATES THAT RESTUTION TO BE PAID WITHIN 30 DAYS. THERE WAS NEVER A RESTITUTION ORDER SIGNED. CAN SOMEONE PLEASE TELL ME HWERE TO LOOK TO FIND WHAT LAWS PROTECT HIM FROM A ORDER BEING SIGNED 3 YRS LATER. IM TOLD THAT IF THEY DID NOT HAVE A ORDER IN THOSE 30 DAYS IT SHOULD HAVE NEVER HAVE BEEN.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.

Thank you for using JustAnswer!

 

When your husband was sentenced, did the judge tell him in open court that restitution was going to be owed, how much, and when it was to be paid?

Customer: replied 4 years ago.
the judge said that restution will be held open for thirty days and never gave a number
Expert:  JB Umphrey replied 4 years ago.
Does your husband dispute that any restitution is owed or the amount that is owed?
Customer: replied 4 years ago.
yes most of the items were returned. in 2003 we hired a lawyer becus we didnt understand where a 21000$ restution came from that probation was making him pay. the lawyer took our money and ran. he was suposed to get it lowered to what we really owed which is about 10 gran. reciently the new probation officer said that if there wasnt a order signed in those first 30 days there shouldnt have been any. some how in 2004 a magical order was signed. ccm said no order was ever signed befor then. im trying to see if there is a law or something i can print out n read stating that. the case is a mess
Expert:  JB Umphrey replied 4 years ago.

It's important to realize that a probation officer is not an attorney. A restitution order can be signed if the judge did indicate that restitution would be owed. The facts that you describe suggest a clerical error which does not prevent an order from being entered in the future. It's sloppy, no doubt. But the crime victim does have rights and one of them includes being made whole.

 

Since your husband disputes the amount owed, your husband can demand a restitution hearing -- which is basically a mini-court hearing where probation "proves" to the court how much is owed and why. Then the judge can decide how much restitution, if any, should be ordered.

 

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer: replied 4 years ago.

im trying to find out if there is a law protecting us from the courts being able to sign a order whenever they feel like it and where would i find that law in wrighting and what njsa # XXXXX it be

Expert:  JB Umphrey replied 4 years ago.
No, there is not such a law. If your husband wants to fight the order, then your husband needs to contact the court and demand a restitution hearing.
Customer: replied 4 years ago.
i did that we have a court date for friday the procuter is saying he is trying to deny our reconsideration of the restution becus we would have had to have done this within 60 days from the origional joc 3:21-10 now they signed a order 3 yrs later wouldnt that same 3:21-10 be agsinst them since they didnt do anything for 3 yrs.
Expert:  JB Umphrey replied 4 years ago.

Those are issues that the prosecutor can raise with the judge. You just need to keep focused on the accuracy of the dollar amount.

 

It wouldn't be prudent to make the argument that your husband does not owe any restitution.

 

Rather, keep the judge focused on the dollar amount.

 

The judge is going to want to make sure that the outcome is fair and it's not fair to order someone to pay more than what's actually owed.

JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 3 other Criminal Law Specialists are ready to help you

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