Legal Question in Appeals and Writs in Pennsylvania

I was on probation and payed monthly payments toward my fines and restitution. However, the conviction was overturned on appeal, should I be refunded those monthly payments that I payed?


Asked on 6/25/10, 5:53 am

1 Answer from Attorneys

I do not handle criminal matters at present. You must have had an attoney who handled the criminal appeal. I suggest that you speak to him or her. It might depend on if you can re-tried or not (I do not know what the grounds were for reversal). Payments for probation might not be refunded as you received the probation. Fines and restitution probably can be, but again, it depends on the grounds for reversal and whether you can be re-tried or not.

Its unlikely that you could pursue any legal action against the police and district attorney, but you should be able to go after the victim for "malicious prosecution." Talk to your criminal attorney about these things and see if he or she can refer you to an attorney who handles these types of cases if the attorney thinks that you have a viable case.

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Answered on 6/25/10, 12:24 pm


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