Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

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: 2 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
12/18/2017
Criminal Lawyer: Dwayne B., Lawyer replied 2 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.
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Criminal Law Question
Criminal Lawyer: Dwayne B., Lawyer replied 2 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: Dwayne B., Lawyer replied 2 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%?

Ask Your Own Criminal Law Question
Customer reply replied 2 months ago
10% of my monthly income
Criminal Lawyer: Dwayne B., Lawyer replied 2 months ago

Okay, I understand now.

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

Ask Your Own Criminal Law Question
Customer reply replied 2 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 2 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.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Is there a time requirement/limt for a court to enter
Is there a time requirement/limt for a court to enter judgment following date of sentencing hearing … read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
11,771 satisfied customers
If a federal court does not have personal jurisdiction over
If a federal court does not have personal jurisdiction over a [sole] defendant in a criminal case can a motion for dismissal and transfer of venue pursuant to 28 U.S.C. § 1631 be applied? NOTE: Defend… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
117 satisfied customers
Another Question: In fed. district court can it be motioned
For Lucy:Another Question: In fed. district court can it be motioned or requested for the Court to make a findings of face and/or conclusions of law that the judge did not address in a prior ruling of… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If I have a court summons for solicitation, should I be
If I have a court summons for solicitation, should I be represented with a lawyer? Would it significantly help my case … read more
Zoey, JD
Zoey, JD
Doctoral Degree
183 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
117 satisfied customers
My son is in rehab and recd a hearing to appeal in court
my son is in rehab and recd a hearing to appeal in court from my aunt whom he lives with on domestic violence but he is in rehad due to bipolar disorder and alcholoism and wont be able to atten the he… read more
Zoey, JD
Zoey, JD
Doctoral Degree
183 satisfied customers
My daughter is scheduled for court tomorrow due to a charge
My daughter is scheduled for court tomorrow due to a charge of possession of drug paraphernalia. She was scheduled to enter a rehab program tonight at 9pm. She was told by the courts for months to get… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
My nephew needs to be court ordered in my opinion to a
My nephew needs to be court ordered in my opinion to a mental ward. How do I get help doing this … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,216 satisfied customers
If I was to be in court for a hearing on Jan 30th 2018 and
If I was to be in court for a hearing on Jan 30th 2018 and didn't make it, can I file a motion to continue that hearing on Feb 1st 2018 and say the other party didn't appear on the 30th?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My sister has a court date this week for a restraining
Hello, my sister has a court date this week for a restraining order. Does she needs a witness like me. Shes actually a sister in law and she is trying to have rights to see her son again. My brother g… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,672 satisfied customers
How would a person argue that the court filed an incorrect
Second opinion] How would a person argue that the court filed an incorrect order? Example A defendant gets a notice from the court stating the arraignment is set for March 5th. The defendant appears a… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
If the suit is the court of the sovereign and being a body
If the suit is the court of the sovereign and being a body elector sovereign, am I not able to issue a writ of mandamus, under common law, to a public office?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is it grounds for dismissal in court for a state trooper not
is it grounds for dismissal in court for a state trooper not certified on a datamaster for dui … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,259 satisfied customers
In requesting the appellate court for reconsideration I
In requesting the appellate court for reconsideration I guess that I have to provide the court with three motions— 1) to request a recall of the mandate or perhaps an appeal of the mandate2). Motion f… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,835 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was received a summons today to appear in court in court
Hello! I was received a summons today to appear in court in court for harrassment. My landlord was supposed to give me back my security deposit , and kept giving me the run around. On the last of many… read more
Zoey, JD
Zoey, JD
Doctoral Degree
183 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x