Legal Question in Criminal Law in New York
Waiver of Restitution
Is it possible to have restitution in a Federal criminal case waived if it can be shown that there is an inability to pay? This is 8 years after original sentencing. The original amount was $495,000 and has now become $611,000 due to interest. I have been contacted by the US DA's office and told that if I do not pay, they will begin to garnish my wages for 25% of the gross amount. I cannot in any way afford this.
Asked on 4/13/05, 1:19 pm
1 Answer from Attorneys
Andrew Nitzberg
Andrew Nitzberg & Associates
Re: Waiver of Restitution
A petition to modify the sentence or for the court to make a finding that part of the 495,000 has been paid (a legal fiction) can be brought before the court.
The petition is made by motion on notice.
You are welcome to a consultation for no fee.
Answered on 4/13/05, 4:59 pm
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