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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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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: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 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 5 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 5 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 5 years ago.

Yes it was.

Expert:  JB Umphrey replied 5 years ago.
When were you sentenced?
Customer: replied 5 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 5 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 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 homepage.
Customer: replied 5 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 5 years ago.
You are most welcome.

I wish you all of the best as you continue to work to move forward.
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