Appealing Restitution after payment is made.

Asked over 1 year ago - 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)

  1. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Matisyahu Wolfberg

    Contributor Level 11

    Answered . I agree, contact a Lawyer ASAP to preserve your rights

    Matisyahu Wolfberg
    www.FormerCop.com
    NY Criminal defense Attorney

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,268 answers this week

2,721 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,268 answers this week

2,721 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary