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Appealing Restitution after payment is made.

Rome, NY |

I disagree with the amount od the restitution I am being told to pay. It is more than double what the receipt says. The Judge and my own Attorney are telling me I do not get restution hearing. Since by paying the full amount will save me several months in jail, can I after I pay the full amount appeal that? If the amount of restituion is overturned who compansates me? The State or the Victim?

Attorney Answers 3


File a Notice of Appeal immediatly after the sentencing along with a motion in the appellate court for a stay of the restitution portion of the sentence. Offer to pay the amount you agree you owe to show good faith and offer to pay the balance into Court pending resolution of the appeal. If the court rules against you teh money you paid into court will go to the victim; if you win it will be returned to you.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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You would have to appeal the case which will cost you more $$.

You really need a meeting with your attorney.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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1 lawyer agrees


I agree, contact a Lawyer ASAP to preserve your rights

Matisyahu Wolfberg
NY Criminal defense Attorney

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