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AttyHeather
AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 547
Experience:  15 years law practice experience
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I received a DUI about 9 years ago. The judge that handled

Customer Question

Hello, I received a DUI about 9 years ago. The judge that handled my case is Patrick J Toole Jr who was involved in corruption and kickbacks in Luzerne County Pennsylvania. I received Ard and completed the program. I ended up hitting two parked cars my insurance company offered a settlement check to the car owners. Both parties accepted the payment and signed a legal document from my insurance company. Aforementioned document that they signed clearly stated that once they sign and accept the check that they would be satisfied with the amount that was given and not pursue me for anymore restitution. Shortly after both parties were content with the money they received I had noticed that the damages my insurance company paid the victims were added on to my restitution as my obligation to keep paying them. As I investigated and spoke to my insurance company they reassured me that this was not correct and should not happen. The insurance company send official documents to the restitution office and the court saying that the parties were paid and accepted the amount and have no more interest in pursuing me for further cost. I pointed this out to the restitution office and the clerk advised me to send a letter to the judge asking why the total of about $5,000 was remaining as restitution payment. In the letter that I wrote to the judge I included the documents with the rules and regulations that were signed from the parties that accepted the money. I then call the insurance company to make them aware that nothing came of the letter and the frequent calls to the restitution officer and Court the insurance company took it upon themselves several times to send out their own official letters stating that the parties were paid. After several attempts to get this issue resolved I ended up getting nowhere and shortly after the judge that handled my case was arrested for corruption and kickbacks. Now that it is years later I am trying to get this expunged from my record but this balance of about $5,000 Still Remains. They never call me or they never send me an email to inquire about any payment since I have not made a payment in the last 8 to 9 years. I feel like I have been involved in the corruption that the judge was convicted for and I really need to have my Ard expunged as I have completed everything and paid all of my court cost. The inability to get this expunged from my record in recent years has prohibited me from getting jobs and I feel that I am now a victim. I really would just like to get the Ard expunged and maybe advise as to what I should do next there are many more details please advise as soon as possible.
Submitted: 5 months ago.
Category: Legal
Expert:  AttyHeather replied 5 months ago.

Hi, I am Heather, an attorney for 15 years, and I would like to assist you for informational purposes. Have you tried filing a motion with the court rather than just writing a letter? A motion is the proper way to proceed on your issue. Many times, letters are ignored by the court.

Expert:  AttyHeather replied 5 months ago.

Please let me know if I have answered your question. Thanks!

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