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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36235
Experience:  16 years practicing criminal defense.
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I have over 20,000 in victim restitution for property damage

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I have over 20,000 in victim restitution for property damage and someone had told me of a poper's motion that i could file (inability to pay) I was wondering if this was true and how i go about doing this...I was ordered to pay this as of november 2009 but i had 2 other warrants at the time i was released from one jail so i turned myself in to both places and came home at the end of february 2010. this restitution is due by may 2011 and i have no clue as to how i can pay off an amount like that. I also have 3300 restitution in another county and both want their payments asap and i just landed a part time job and cant afford one of these. Preferably the larger. Please let me know what i can do.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Barrister replied 6 years ago.

Hello,

.

You can file a motion for an indigency hearing (pauper hearing) to have the court determine if it is reasonable for you to be expected to pay back the restitution. Your public defender should have objected at any sentencing hearing as the fact that you have a PD is prima facia evidence of indigency.

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Thanks

Matt

 

 

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Customer: replied 6 years ago.
would it be best if i contacted the same public defender that i was assigned or should i hire a lawyer, and what steps (like paperwork) are needed to get this started?
Expert:  Barrister replied 6 years ago.

The PD would likely not be too helpful as he is the one who should have done this initially so I would talk to a private attorney. It would just require the attorney to file the motion to have you declared indigent and set aside/lower the restitution amount.

.

.

Thanks.

Matt

 

 

If I have answered your question, please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.