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I was sentenced in two federal cases for a total of ten years…

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I was sentenced in two...
I was sentenced in two federal cases for a total of ten years in prison and two terms of probation to run concurently the first was 5 years and the second was 3 years with huge amount of restitution that exceeded two million dollars, two months ago my three years probation was ended with a motion from my probation officer for violation of the probation for not paying my restitution, originally the judge scheduled $500.00 a month however because of my medical conditions and family responsibilities i could not pay and at one point I told my probation officer about the amount and my financial ability, he advised me to go ahead and pay what ever I could afford, and i start paying $25.00 for each restitution for about ten months when I lost my job and until now I am not able to pay, what are the chances on my coming hearing for revocation?
Submitted: 8 years ago.Category: Legal
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Answered in 4 minutes by:
6/24/2010
Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Good afternoon,

I'm sorry to hear of your dilemma.

The reality is that family responsibilities don't come before your conditions of parole----don't even go there at the motion hearing. If you have a medical condition which prevents you from working that can be a valid defense to being violated. If you lost your job, you'd better be able to show that you are spending 40 hours a week looking for a job.

You very badly need an experienced criminal defense attorney helping you here or you may well be violated back to prison.

I wish you the best at the hearing.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

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Customer reply replied 8 years ago

Dear XXXXX

This is a Federal Case and i am not sure if you are an expert in Federal Criminal Cases!

I need someone with Federal Criminal Experience to answer my question.

Thank you

Lawyer: LawTalk, Attorney replied 8 years ago
Sorry you didn't like the Answer----I didn't suspect that you would. I'll opt out and allow another attorney to give you the bad news a second time.
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Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,844
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I hate to be the second bearer of bad news here, but unlike the state courts the federal courts are not as lenient or forgiving in these issues. Your previous expert was correct. However, one thing we have been seeing more in court is that the courts are considering the poor economy when it comes to loss of employment and are giving a bit more consideration regarding time to repay and the amount of the payments, but don't look for them to go down too much because the federal judges are not overly sympathetic and you better show, as your previous expert stated, that you are looking for work. When you say family obligations, the previous expert was also correct in that the court doesn't have much sympathy for that either. However, if you are referring to paying living expenses and food for your family, you may have some chance but you are going to need to show through detailed financial records that your expenses are for basic needs and there is insufficient left for payment of the high restitution. Again, it is not frequent that the federal courts will do this, but it happens and it is up to you to paint the picture of your dire financial circumstances.

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Law Educator, Esq.
Category: Legal
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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