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I am currently under supervised release, have two years

Customer Question
I am currently under...

I am currently under supervised release, have two years left. for the past year i have made restitution payments of 10% as ordered by judge every month, never late. now a recovery division has sent me an form asking me to sign increasing the payment amount to amount equal to 25% and that they want to file with my employer to have my employer have to take out this payment from each check and send to them. can they change the amount while under supervised release? can i prevent them from dragging my employer into to this, given i have made every payment exactly as ordered and on time?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will state, full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am concerned that dragging my employer into this could create problems, be a distraction, and end up putting my job at risk. the owner knows, but not the staff. i am 61, on supervised release and having a job is a blessing. i do not want to put my job at risk.

Submitted: 8 months ago.Category: Criminal Law
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Answered in 1 hour by:
12/18/2017
Criminal Lawyer: Dwayne B., Lawyer replied 8 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Criminal Lawyer: Dwayne B., Lawyer replied 8 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Criminal Lawyer: Dwayne B., Lawyer replied 8 months ago

If you have been making payments of 10% a month, then your restitution should have been paid off in 10 months.

Do you somehow still owe restitution after paying more than 100%?

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Customer reply replied 8 months ago
10% of my monthly income
Criminal Lawyer: Dwayne B., Lawyer replied 8 months ago

Okay, I understand now.

At the current rate will the restitution be paid off by the time your probation is over?

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Customer reply replied 8 months ago
No, the restitution will take the rest of my life to pay. The added amount is very difficult because I am not supporting my family yet. But the equal concern is putting job at risk by getting employer involved
Criminal Lawyer: Dwayne B., Lawyer replied 8 months ago

I understand. If a judge hasn't ordered the extra amount then it would be voluntary at this time as would the wage garnishment.

The judge would have to be the one that made the change and normally they would notify you they are considering it and give you a chance to respond. This is more likely just the recovery company trying to make it easy on themselves and at this point it sounds like they are asking you to voluntarily sign the forms.

You may want to ask the lawyer that represented you if they discussed this at all with him but you should be able to safely not sign them until the court orders you to do so, especially since you already have a court order setting a specific amount.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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