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I have a restitution criminal restitution order lodged

Customer Question
against me for a crime...
I have a restitution criminal restitution order lodged against me for a crime committed 17 years ago. I am a disabled veteran living on a disability pension of $1075.00 per month. I have not since my release in 2005 been able to make any payments towards restitution. Though I remain totally disabled, with no foreseeable opportunity to repay said restitution. My family and I are continually subjected to harassment and the scrutiny of the U.S. Attorneys Office. Can I file for a motion of modification based on the 9th Circuit ruling which held it improper and a travesty of just to issue restitution that could never be repaid? How much would it cost me to have such a motion prepared for me? I should note that my criminal action was perpetuated by both phsycal and emotional (P.T.S.D.) wounds sustained while in service.
Submitted: 4 months ago.Category: Criminal Law
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Answered in 1 hour by:
3/20/2018
Criminal Lawyer: WiseOwl58, Law Professor replied 4 months ago
WiseOwl58
WiseOwl58, Law Professor
Category: Criminal Law
Satisfied Customers: 4,564
Experience: Real Estate Lawyer and Broker
Verified

Yes, I suggest you hire a criminal defense lawyer to do this for you. If you can't afford one, I would try the publice defender office in your area or the legal aid society. If this is a federal court matter, call to the courthouse and ask for the public defender for your federal district. They will likely take the case and you will not have to pay for a defense, based upon your circumstances You might also try vetrans organizations, such as the VFW, since you suffered PTSD while in service. Thank you for your service to our country.

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Customer reply replied 4 months ago
Sorry, for the money, I didn't need generalized advice I already knew myself or could have found free with a generalized search. I paid for meaningful legal advice based on the questions listed which went unanswered. The response is totality inadequate to the information I sought.
Customer reply replied 4 months ago
In that, I had clearly noted my disability income, it would have been obvious that hiring counsel was not an option.The options presented are either a no-brainer or not applicable. I am contemplating a pro-se motion to dismiss and/or modify. What I needed was confirmation of applicable statutes and some direction relative to the presentation. I also asked what it would cost to have a motion pleading my arguments drafted by a legal professional that I could use in this action.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,956
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR, your previous contributor left.

I understand you are on limited income. You are entitled to go back to the federal public defender's office for representation and you need to file a motion to waive restitution and you would need to attach proof of your disability and also a financial statement showing that there is no way you would ever into the future be able to pay the restitution. A federal criminal restitution judgment is good for 20 years and then the US Attorney can convert it to a civil judgment against you.

You are entitled to representation on this through the federal PD as long as it remains criminal restitution, so that is where you need to go for assistance.

The US Attorney or Court can waive the restitution under 18 USC 3612.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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