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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27181
Experience:  10+ years defending Misdemeanor and Felony cases.
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I was sentenced to 2 years ARD + pay full court costs &

Customer Question

I was sentenced to 2 years ARD + pay full court costs & restitution. My attorney noted at the hearing that my employer (victim) held a $600 paycheck and the judge said that could go towards what I would owe for restitution. However, this somehow did not make it onto the final court order and now the clerk of courts is saying I owe money yet and the only way to get that $600 applied is by court order. I tried to contact the attorney that handled the case and I got a message saying they are out of town -- my ARD is over in 2 weeks so I need to have this resolved ASAP. How do I go about getting a court order for the $600? Can i file a Motion for (Sentence Reduction/Modification) seeking relief that the sentence
actually imposed and announced in court was clear and unambiguous but was incorrectly recited in the written order?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good evening. I certainly understand the situation and your concern. The attorney should have reviewed the order, to make sure this was included. If they did not, it simply needs to be corrected and to do this, a motion/hearing needs to be set with the Judge, essentially looking to clarify the sentence imposed and to remind the Judge that this was ordered but an oversight, for it not being added. However, if you employer was aware of this and withheld the $600, you can try and get a letter advising of the same, which you can show. If this is almost 2 years old, the money should have either been applied by them or paid to you.

Expert:  CrimDefense replied 1 year ago.

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