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Is there a time limit on a restitution order being signed by the judge after sentencing?

Gulf Breeze, FL |

On 10-4-2012 , I was sentenced to 2 years prison and 10 years probation with a restitution of $66K. The judge did not sign the restitution order until 7-2-2014, after I met with probation and their office notified the court that the restitution order was never signed.

Attorney Answers 4

Posted

Typically, the court will only have jurisdiction to address restitution issues for 60 days after the case closes. In your case, it sounds like the court ordered restitution in 2012, but the written order was entered recently. I've never encountered this exact situation in the past, but I'm pretty sure the if the court ordered that you pay restitution on the record during your sentencing (while the court still had jurisdiction), with the restitution being part of your probation, the fact that a written order was done much later is not likely to prohibit the enforcement of the $66k in restitution.

If no one here can answer with certainty and you are looking for a definite answer, you may want to consult a local attorney and inquire about how much it would cost to conduct the research for you. Good luck.

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Posted

It depends on the paperwork. Pursuant to Fla. R. Crim. P. the Court has 60 days to impose the restitution order. However, in this situation you have to look at the paperwork because I am willing to bet at the sentencing the Court reserved restitution, and that's how they managed to recently order it.

Answering your question does not create an attorney-client relationship.

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Posted

I agree with colleagues. You need a transcript of the sentencing hearing and the help of a local experience Criminal attorney. You may have a loophole out of paying. Good luck.

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Posted

60 days unless reserved or specified at the time of sentencing.

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