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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27747
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What is the charge:

Customer Question

What is the charge for this:
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

The charge for the question is what you proposed to pay as your deposit when you posted it. Experts have nothing to do with membership and billing issues. If you don't remember what you agreed to pay, you can contact customer service at***@******.*** and they can tel you.

Unfortunately, even if it's a hardship, restitution must be paid. There's just no getting around that. You can, however, file a petition to get your monthly payments lowered, since the US Supreme Court has held that monthly restitution payments must be in an amount that an offender can afford to pay. Or, if the criminal court is monitoring the restitution payment, you may be able to petition to get the judge to enter the remaining balance as a civil judgment, so that if you fall behind, at least you won't be subject to an arrest.

Customer: replied 1 year ago.
I sent a letter to the Judge, and the Prosecutor filed a brief opposing any sort of reductions
Expert:  Zoey_ JD replied 1 year ago.

Of course he did! The restitution is part of your sentence and the law requires you to pay it.

The judge should grant you a hearing as a result of the prosecutor's opposition. You can argue at the hearing why you can't afford to pay the restitution and ask for it to be dismissed or reduced, but it almost certainly won't be granted. So you can also ask in the alternative that if the judge won't reduce//dismiss he should reduce your monthly payment to what you can afford to pay and conver this to a civil judgment.

Expert:  Zoey_ JD replied 1 year ago.

A civil judgment means that assets can be attached or wages garnished, but you won't have to do jail for failure to pay.