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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Me,and my parents were charged with interstate commerce a

Customer Question

Me,and my parents were charged with interstate commerce for owning a cock fight. Some how i got tied up in having to pay 750k in restitution.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: happened in ky but was charged in va
JA: Have you talked to a lawyer yet?
Customer: they didnt tell us this until we done served our federal prison time and got out then they told us this. they took everything we owned and still want this
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
I am sorry what is your question for us in this matter?
Customer: replied 1 year ago.
Can they make us pay it?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, they can indeed assess a money penalty for restitution/fines in federal court AND they are NEVER CHEAP. A restitution order is good for at least 20 years in federal court and at the 20 year mark the US Attorney can file a motion to convert it to a civil judgment action. Up until that point they will seek monthly payments as part of your probation and if you do not make them they could consider moving to revoke probation and send you back to prison.
You can file a motion to reduce restitution and in the motion you can argue that there is no way you and your parents could ever repay that type of money based on loss of all of your assets and attach a financial statement proving your financial condition. However, the federal courts are not usually very kind or forgiving and rarely if ever reduce them and if they do, it is usually not going to be by much, maybe down to $500,000 or so.