Most of the time they just say you owe “X” amount with no explanation on how they came to that total. It’s extremely important to fight your restitution before your sentenced, once your sentenced it’s much harder to fight the restitution amount. During the investigation into the financial status of the defendant, the probation officer will analyze the defendant’s financial records and will recommend to the Court a repayment plan and any lump sum payments that can be made at the time of sentencing. This information includes identification of the victim(s) of the case and the precise amount of restitution that should be ordered by the Court. Another important aspect of the presentence investigation report is the inclusion of restitution information in those cases where restitution is a consideration or required by law. This is a report into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. Or the court leaves it up to probation to decide your repayment amount/plan.īefore your sentenced they will put together a Presentence Investigation Report (PSI).They could order a set amount such as $200-$1000 a month.They can set the amount allowed to be collected, for example, 10% of your gross pay is a popular one judges have set.They could add interest to the restitution while you are paying it back.When you are sentenced and the judge sets a restitution for you, they may set some repayment options for you.
That is the major issue with restitution, once someone has been convicted of a crime and have a criminal record their earning potential is greatly diminished, and just affording daily living expenses becomes a challenge for most people with a criminal record, additionally, on top of that, they are expected to pay a percentage of their income to the government. Much of federal restitution is uncollectible due to the fact that the defendants are indigent There is obviously a concern over the size of uncollected federal restitution, estimated as roughly $46 billion.
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The Mandatory Restitution Act of 1996 established procedures for determining the amount of restitution to which a victim may be entitled, and if there was loses, it requires a sentencing court to impose restitution in the full amount of the victim’s losses, without regard to the defendant’s ability to pay. The government knows you can’t pay it back, but they will try their hardest to get as much as they can. Many people have large amounts of restitution that you are being ordered to pay and realistically they can never pay it back. While every effort has been made to provide accurate information and practical advice, the information contained on this website in no way be considered a substitute for the advice of a qualified attorney.įederal Restitution is a confusing thing for most people and there is not much information to explain it. Disclaimer: the information contained herein was not prepared by any person licensed to practice law, so no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date.
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