Do I have to pay restitution for a crime if I am mentally disabled? Can my disability check be garnished?

Asked about 1 year ago - Long Beach, CA

I will likely owe a massive amount of restitution for a crime that wouldn't have happened if I didn't have my mental health issues. Can they garnish my future disability check to pay for this?

Attorney answers (4)

  1. Michael Moshe Levin

    Contributor Level 15

    5

    Lawyers agree

    Answered . Yes. Restitution is to make the victim whole. It isn't punishment.

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction... more
  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If this is in Long Beach you should speak to your attorney about the restitution. There are factors that may assist you in this area. Good luck.

    www.YourCriminalDefenseLawyer.com
    for Fairness / for Your Freedom because sometimes good people find themselves in bad situations
    (562) 216-2940

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Sharon Paris Babakhan

    Contributor Level 15

    3

    Lawyers agree

    1

    Answered . yes restitution has nothing to do with your mental issues. The minute you pled guilty or no contest you are on the hook for restitution and any source of income you have it may be garnished however it is only if you fail to pay restitution. If you pay restitution (even if small monthly payments) no one will garnish your wages or check.

  4. Theodor Kaplun

    Contributor Level 16

    4

    Lawyers agree

    Answered . Yes you're wages can be garnished to pay restitution.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more

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