There is probably a good chance that, if handled correctly, the proceeds of the lease can be protected from restitution. The land and royalties associated with it are separate property and should be able to be kept separate in a way that a restitution claim would fail. If you and your husband are just placing the royalty checks into a common account that you both use all the time, you could be unintentionally converting the royalty proceeds into community property (which would make it susceptible to your restitution claims. This only partially a criminal law matter, it might be better to talk to a competent domestic relations or estate attorney.
The above comments are made by an attorney at The Rieck Law Firm (RLF). RLF offers free initial consultation to potential clients and more information about this firm can be found at www.riecklawfirm.com. Materials contained within this website and submitted by this user (including the above comments) provide information on general legal issues and are not intended to provide advice on any specific legal matter. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet and online readers should not act upon this information without seeking professional counsel.
Seperate property is usually not going to be touch, but income from sdeperate property might.
Also, you stated that "the lease happened early last year while I was incarcerated and I forgot all about it when I filled out the paperwork for my PO declaring assets for everyone in my home."
This IS a problem. Contact a criminal defense attorney immediately to address this issue
firstname.lastname@example.org 281-904-3797. This response should not be construed as legal advice. It is only intended as information and I recommend for legal advice you seek the consult of experienced immigration legal counsel. The posting of my response in no way infers client - attorney relationship has been established.
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