I have just been released on supervised release and I owe a large amount of money in federal restitution. While I was incarcerated this last year, my husband received a signing bonus for an oil lease on land that is part of an inheritance from a deceased uncle. Can the government try to attach or garnish any future funds he may get? Also, the lease happened early last year while I was incarcerated and I forgot all about it when I filled out the paperwork for my PO declaring assets for everyone in my home. Will this cause me a problem with my PO? I have asked these questions of my defense attorney, but he says he does not handle restitution issues. Any advice would be appreciated
Banking Law Attorney
There is probably a good chance that, if handled correctly, the proceeds of the lease can be protected from restitution. The land and royalties associated with it are separate property and should be able to be kept separate in a way that a restitution claim would fail. If you and your husband are just placing the royalty checks into a common account that you both use all the time, you could be unintentionally converting the royalty proceeds into community property (which would make it susceptible to your restitution claims. This only partially a criminal law matter, it might be better to talk to a competent domestic relations or estate attorney.
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Criminal Defense Attorney
Seperate property is usually not going to be touch, but income from sdeperate property might.
Also, you stated that "the lease happened early last year while I was incarcerated and I forgot all about it when I filled out the paperwork for my PO declaring assets for everyone in my home."
This IS a problem. Contact a criminal defense attorney immediately to address this issue
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