Legal Question in Criminal Law in Illinois
Unsubstantiated restitution amount
I had to accept a plea bargain and in court listed that the restitution amount was incorrect and unsubstantiated. The judge never responded; I followed up in writing and have no reply. I currently have payments calculated that I cannot afford. I am paying them while on probation. What steps may I take?
1 Answer from Attorneys
Re: Unsubstantiated restitution amount
First off, you did not have to accept a plea bargain and plead guilty. I am sure that you did so voluntarily. The restitution amount was probably part of the sentence that was agreed upon, by the State, you, and the judge. That being said, if you cannot afford the payments or if you can prove that the amount is incorrect, you can file a motion requesting that the terms of your probation/sentence by modified. It is better to be proactive then wait until probation files a violation.
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