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If ordered to pay restitution to a victim and then the victim gets a life sentence can the order of restitution be over turned?

Reno, NV |

the man who receives the payments has been given a life sentence and i have been trying to pay but i survive on public assistance and really don't have anything to offer and the payments have put my family through extreme hardship, my family is slowly starving and we can barely afford to keep a roof over our heads, if its possible to over turn the order, please my family and I really need the help and we need to know our options.

Attorney Answers 3

Posted

You should be able to file a motion to modify the restituion condition of your probation based on these circumstances.

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Howard M Lewis

Howard M Lewis

Posted

great counsel

Posted

most likley if the conditions of your probation were to pay this and now the payee is in custody you may be able to modify those terms but you should work with a local attny because there must be some nexus between the events. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

You can move to modify the order. However, the fact that a person is incarcerated does not change the terms of your plea bargain. I think it would be unlikely a court would modify a restitution order because someone became incarcerated. Theoretically, they could spend the money at the commissary.

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