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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117401
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On a criminal case in florida can the state go back to modify

Customer Question

On a criminal case in florida can the state go back to modify the resitution that was already satisfied after a year and 3 months. The total resitiution has been satified and the state is trying to make me pay the penalty and interest the the employer incurred on their payroll. taxes.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
FL rules of civil procedure, Rule 3.800(c) states, an order on a restitution must be imposed at sentencing or within 60 days thereafter. See: L'Heureux v. State, 968 So.2d 628, 629 (2d DCA 2007), citing State v. Sanderson, 625 So.2d 471, 473 (Fla. 1993).
In certain cases the court may conduct the restitution hearing after the 60 day period if the court orders that restitution is paid in the probation order but states that the amount will be determined during a restitution hearing.
If restitution was ordered by the court at a set amount, then that is the amount that you have to pay. The court cannot change that restitution and in order for your employer to collect that from you they would have to file a civil suit against you for the additional damages they incurred.
Customer: replied 2 years ago.
What should I expect at the hearing tomorrow. They called the victim as a witness.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
They are seeking a modification, so the victim will present proof of the damages they suffered and why they need to have the restitution modified (as those damages were not available at the time of your sentencing or whatever reason they have for waiting until now to do this). You should have an attorney representing you at this hearing and you are wise to get one if at all possible.