Legal Question in Appeals and Writs in California

Restitution Settlement

I have a 320K restitution order and would like to contact the judge to see if he will accept a settlement. I have a committment from relatives that they would give me about 30-40K. Since my release I have made the minimum committment but I am going to be unable to do so in the future.


Asked on 6/04/07, 9:48 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Restitution Settlement

Anything you send directly to the judge will be returned unread. If you want the judge to make an order you can't just "contact" him; you have to file a proper motion or petition and you have to give proper notice to the prosecutor. Depending upon the facts, you may have to give such notice to others as well.

It is unlikely that the judge will adjust your restitution. He certainly isn't going to "accept a settlement", since he is neither a party to the case nor the one to whom you owe the money.

In order to win a modification you have to show that the law supports giving you one. Being able to raise only a fraction of the amount ordered is not legally sufficient cause to reduce the restitution you must pay.

You should consult with a lawyer to see if you have any grounds upon which to seek a reduction. Trying to work something out directly with the judge will get you nowhere.

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Answered on 6/04/07, 10:23 pm
Terry A. Nelson Nelson & Lawless

Re: Restitution Settlement

Mr. Hoffman's instructions are correct. You could try for a modification by filing a properly supported motion and persuasive arguments. Feel free to contact me if interested in doing so. You have everything to gain, and nothing to lose except the fees to bring the motion.

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Answered on 6/05/07, 1:15 pm


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