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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?
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!
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
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.
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