Legal Question in Criminal Law in Florida
Failure to pay restitution
I pled guilty (on my PD's advice) to misdemeanor theft and agreed to pay restitution based on my belief that the judge knew I could not pay (this was raised in open court by the PD). because I am on SSDI. In 12/2003 I missed a show cause in Delaware (my daughter had surgery in Florida on the court date). My mother was the vctim and she is now deceased since 07/2005. The warrant is marked ''fugitive felon.'' I was arrested in Fla. once, but Del didn't picvk me up. My question is that I need to know if it is possible for the restitution to now be waived. I completed 12 mo. supv probation in 2003, but it appears I could have a charge of elder exploitation reinstated because I've been told that my probation isn't considered completed until I pay the restitution. I am 59 y/o and disabled. I can't get rent help or food stamps with the charge on me. My mother herself never wanted me to even be arrested much less pay back the money, but her brother and sister persued it. My mother's estate has been closed. I was told by court collections that the money would go to my mother's estate or to the state of Del. Mother named me and my two nephews as heirs, meaning I'll be paying money to be split by me and nephews. I need help!
2 Answers from Attorneys
Re: Failure to pay restitution
Hate to state the obvious but you need a lawyer
Re: Failure to pay restitution
If you have otherwise successfully completed your probationary period, you should be fine eventually. Your probation cannot be violated if you truly have an inability to pay. However, you will need to return to Florida or at least contact the State Attorney's office or your prior probation officer to try to get the warrant recalled. Try writing a letter to the judge and the state attorney explaining the situation and ask that they waive the restitution due to your inability to pay and your mother's death.
The State should not be able to charge you now with elder exploitation that occurred back in 2003--that is too long ago and the Statute of Limitations has expired. If you can't get anywhere on your own, you may need to retain an attorney to help you. Good luck.
Related Questions & Answers
-
I would like to no what this means? notice of discovery and demand for brady... Asked 1/13/09, 1:50 pm in United States Florida Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
