Georgia criminal code, right to request a restitution amendment hearing

Asked about 6 years ago - Thomasville, GA

I have been paying restitution in a criminal case for 5+ years. They added over $15,000 in interest to the original principal amount to be paid back in 10 years. I have been struggling to keep up with payments Have lost home, business, and most recently car. I thought the Court System was designed to help people who are in compliance with probation and might just need an adjustment to their monthly payment. I was hoping maybe since my circumstances are like they are that a judge might even throw out the interest I am being charged. Can't seem to get anyone to help me petition the Courts for a hearing without paying $2,500 dollars which I do not have. I have never missed a payment and have just about lost everything else I had. It does not seem right to have to lose everything because you did something wrong. I feel like I should have had to pay back money without interest but I agreed to it with my Court appointed Lawyer who looked so young like he just graduated from Law school. Do I have a right to have my case reviewed? Thanks for your time.

Attorney answers (1)

  1. Avvo Staff Moderator

    Answered . Thanks for using Avvo. I am an Avvo Staff Moderator. To read more about our moderation team, follow the link below. Our current question volume may increase the response times of our loyal Avvo lawyer-answerers. My goal is to give you some preliminary information and guidance regarding your legal situation while you wait for an attorney in your area to respond.

    In general, you should have a right to have your case reviewed, but the question is how you get it reviewed. You could attempt to represent yourself, but that is very hard without a legal background. You also cannot discharge this debt through bankruptcy.

    I suggest that you contact GA Legal Aid. They may be able to help you - possibly find you a lawyer who will take the case pro bono (i.e., for free). A link to their website is below.

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