How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JB Umphrey Your Own Question

JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
Type Your Criminal Law Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

I am currently on probation and paying restitution to my victim,

Resolved Question:

I am currently on probation and paying restitution to my victim, I was sentenced and served one year in prison and restitution of $60,000. I served my prison term and am making timely monthly payments. My question is I know for a fact that the money I embezzled was actually taken from healthcare providers and my victim (attorneys) negotiated settlement with them of .50 on the dollar. Can they in fact make money off of me which would be half? How can I challenge this?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

Please clarify: when was the probation sentence with the order of restitution imposed by the court?
Customer: replied 2 years ago.
At the time I was sentenced to incarceration to run after my release, however, they withheld restitution from wages I made incarcerated as well which is standard. I have a co-defendant, my now ex-husband, who fought extradiction back to this state and I understand he is not responsible for a portion unless he is actually convicted.
Expert:  JB Umphrey replied 2 years ago.
Let me clarify: at the time you were sentenced, that's when the judge also ordered that restitution be paid, correct?
Customer: replied 2 years ago.

Yes it was.

Expert:  JB Umphrey replied 2 years ago.
When were you sentenced?
Customer: replied 2 years ago.
I was sentenced on June 29, 2009 and was given a one (1.5) year sentence and with jail time, and earned early release days, I was incarcerated from that date and was released on April 7, 2010, and given five (5) years probation and restitution of $59,596.00, and the minute entry states at a monthly amount to be determined by the Arizona State Department of Corrections (which I just now noticed??). I am a paralegal and have been for 32 years, and specialize in civil and personal injury litigation.
Expert:  JB Umphrey replied 2 years ago.
Thank you. At the time that you were sentenced, if you took issue with the judge's order and wanted to challenge it, your recourse would have been to file an appeal.

However, there is no legal authority for an appeal to be filed nearly three years after the fact. Under the Arizona Rules of Criminal Procedure Rule 31.3. "The notice of appeal shall be filed with the clerk of the trial court within 20 days after the entry of judgment and sentence."

As you can see, the time for taking an appeal of the sentence has long ago passed. Because of the doctrine of finality of judgment, there is no other recourse to now challenge the judge's sentence.

However, you are free to file a motion to modify the judgment of sentence in the trial court if there has since been a change in circumstances. Again, such a motion would be filed in the court that imposed the original sentence.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

----------------------------------------------------------------------
If you have other questions on different matters, you can ask me at http://www.justanswer.com/law/expert-jb-umphrey/. Or there are also other Experts ready to assist you in a range of Legal specialties, Veterinary, Cars and others – you can reach them via the www.justanswer.com homepage.
----------------------------------------------------------------------
Customer: replied 2 years ago.

Thank you for your time, and explanation. I am aware that I had very limited time to set aside or challenge the sentence, and, at the time I was emotionally not in the position to do so. Also, I thought that my husband might be extradited and would be at the most half responsible. I do plan on motioning the Court now that you have reaffirmed this idea. As I stated, I pay my restitution regularly and may be in the position to pay a very large portion off (half) and offer victim one-half in cash in lieu of releasing me. They wanted me to go to prison, so they fought my original sentence (which was not prison obviously) as they did not think they would get paid back, and yet I am still having to be on probation for five years, and pay twice what I know they were out when it was all said and done. If I continue to make monthly payments it will be ten years from now before it is paid. I do not think that they should profit from me. This attorney is scandalous at best.

Expert:  JB Umphrey replied 2 years ago.
You are most welcome.

I wish you all of the best as you continue to work to move forward.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.