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If I have had served everything in my case except restitution and can't afford to pay. Can I get it waived by the city or court?

Lima, OH |

My case happened 11 years ago and I have been off probation since 2005. I was ordered to pay restitution and haven't been able to pay it. I was wondering if there was any way that I could get the restitution dropped? Like ask the victim if they would drop the restitution? Please help me cause this is preventing me from getting jobs because this felony is still on my record.

Or would it be possible for them to lessen the amount so i can pay it and be done with it ? That way I can ask to seal the record that way it doesn't interfere with my life anymore. Also if it says my case is closed can i get the felony expunged?

Attorney Answers 2

Posted

You can file a motion to waive court costs, fines can often be "paid" through community work service, but when you ask a court to excuse restitution, you are actually asking the court to disregard an injured victim of your crime.

Under extreme circumstances, I have seen probation officers recommend excusing restitution -- but very, very rarely. Restitution is usually the first thing a court demands to be paid, then fines, then court costs.

Contacting the victim directly would be a bad idea. You could be charged with violating a term of your probation (no contact order), or accused of attempting to intimidate a crime victim. The only people you should discuss this with are your probation officer and/or your attorney.

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Posted

All of this is possible but very unlikely. The best option is usually to try and work community service to pay off the restitution.

Attorney Chris Beck
Beck Law Office, L.L.C.
Beavercreek, Ohio
(937)510-6110 phone
attycbeck@gmail.com
www.becklawofficellc.com

The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

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1 comment

Asker

Posted

How could I go about getting them to agree to that.

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