Legal Question in Criminal Law in Pennsylvania

I plead guilty to burglary and theft back in 2008 and was sentenced to 6 - 23 months in jail followed by 36 months of probation. I was also ordered to pay restitution, $25,000 to the business and about $33,000 to their insurance company. After my sentencing, I had a restitution hearing where it was ordered that I get credit for all items returned, which was everything that was taken. To this date I have not been given any of that credit that was ordered and have recently learned that I must now serve another 1 1/2 years of probation because of the value of the restitution that is owed. Since my conviction, the business has closed down and the insurance company never paid the claim, so it is impossible for either party to accept the money, but the state is stating that I must still pay the restitution. I filed paperwork to try and clear this up, but the courts are now saying that since it has been a year since my conviction, I cannot file for an appeal.

Do I have any other options to have this matter taken care of? It is not right that I should pay a business that is no longer in operation, or their insurance company that never paid their claim. Also is it possible that since my rights were violated that I can have my record cleared up in any way?


Asked on 8/25/11, 11:51 am

2 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

I don't get it. If the court already ordered that you got credit for everything, why is the opposite happening? What is the explanation? You need to go back to the original court to get its order enforced. Not an appeal. What county? If you want to follow up, feel free to email me.

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Answered on 8/29/11, 1:14 pm


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