Any way to get restitution lowered?

Q: My case is about 15 years old and I got charged with a misdemeanor of carrying a gun on a public street and welfare fraud I am trying to get this pardoned now and I can’t afford the restitution as my income is too low is there any way to get it lowered or dismissed?

A: You are way out of the time limitations on filing a motion to modify your sentence, or appeal the legality of the restitution order. You can still hire a lawyer to file a motion based on some sort of hardship-even though you are way beyond the time limits to do so. The DA has a duty to inform the victim. If the victim and the DA consent to your request, the judge would be more likely to grant your request. If they don’t, the judge will be less likely to do so, but still might. Be aware, you could easily be denied on the time limit issue. You will obviously have to establish a compelling reason for this to be considered. You need to go over all of the facts with an attorney to see if it is worth it.

 

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.