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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27048
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How do I remove the Admin fee added to my restitution payments?

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How do I remove the Admin fee added to my restitution payments? I am to pay $1500 a month in restitution for 5 years for a crime I plead guilty for. The payments go to an individual but are funneled through the state of FL. With the admin fees from the Dept of Corrections, my payments have to be $1,684 a month and have not missed a payment since start. I am barely making ends meet and have heard the admin fees can be removed. I simply do not know where to start and my lawyer is all but done with me after the case.

My name is XXXXX XXXXX I am a criminal lawyer.

This starts with your sentencing judge. You have to get your lawyer (or another lawyer) to go back before the judge and either seek a modification of your payments and/or try to get the administrative fees waived.

If he cannot under FL law waive the administrative fees, another thing the judge may be able to do for you would be to enter the adiministrative fees as a civil judgment. In that way it would be treated like any other civil debt, and at least you couldn't get arrested for not meeting that portion of the payments monthly.
Customer: replied 3 years ago.

Thank you for the information, thus far. Can I appear in front of the judge myself (without paying lawyer)? If so, how would I go about setting up an appearance where the judge would expect me?


It's soooo much easier for a lawyer to do this for you.

You would have to file a motion to modify your restitution amounts, serve a copy on the DA's Office and file one with the court. If it's done right, a date for a hearing would be granted, and you would be expected to prove at the hearing that the monthly payments are too high for you and that some relief is in order. You could ask for the relief of lowering your monthly payments and/or of waiving your administrative fees.

I cannot find any examples of this on the web. You would need to talk to the clerk of your court. He may have a template you can use. Or you can swing by the public defender's office and see if they can walk you through the process or give you a sample you can modify yours on.
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