Criminal Law Questions? Ask a Criminal Lawyer.
Greetings! I am happy to help you on this matter.
When was the restitution ordered? What was it ordered for? Are you currently working? What are your current expenses for necessities (Food, Clothes, Shelter)?
I am trying to answer the question the best as possible. Who was the letter addressed from?
Have you paid any of the restitution? Are you on probation?
It really doesn't matter where you live now. When you were sentenced, did the court order you to make monthly payments in a fixed amount? Have you been in a compliance?
Are you willing to continue to make full restitution? I am guessing you just want the 25% reduced.
Did the letter say you have a certain time frame to comply or respond?
This is what one should do: Make a spreadsheet of ALL of your expenses. Compare that to the 25 percent the Government wishes to garnish.
The Court can not make you destitution. As you suggested, you need to have a "realistic" payment.
The only way the court can determine that is by looking at your expenses. You may be required to do away with some of your expenses short of necessities.
Yes. Have you considered hiring a public defender or calling for a criminal lawyer.
I know you don't have a lot of money, but maybe someone will take it for $500 and you can make payments to him/her.
Maybe someone will take it pro-bono.
Call the Federal Public Defender's office in TX where you live.
You will need a hearing.
Also, advise them that you are attempting to hire an attorney to represent you on this matter.
However, you want to make sure you have all of your documents in order in an effort to get the restitution lowered including your income.
This way either you, or a lawyer will go in and under oath present everything to the court.
Yes. It can be.
As it stated on the letter, you have 20 days to request a hearing.
At the hearing you will present the information that suggests why it needs to be lowered. I am presuming you were not previously given this opportunity and already waived your right to contest or lower the restitution.
I always caution individuals, especially in Federal Court, to not navigate this on your own. The last thing I would want to see happen is you end up in deeper trouble then you started with.
Please provide positive feedback.
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