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Do I have to pay restitution for a crime if I am mentally disabled? Can my disability check be garnished?

Long Beach, CA |

I will likely owe a massive amount of restitution for a crime that wouldn't have happened if I didn't have my mental health issues. Can they garnish my future disability check to pay for this?

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Attorney answers 4

Posted

Yes. Restitution is to make the victim whole. It isn't punishment.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

Michael Moshe Levin

Michael Moshe Levin

Posted

as to garnishing future disability, restitution isn't garnished unless from prison wages if you're in prison. whether a disability check can be garnished is a debt enforcement issue, not really a criminal law one.

Posted

Yes you're wages can be garnished to pay restitution.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.

Posted

If this is in Long Beach you should speak to your attorney about the restitution. There are factors that may assist you in this area. Good luck.

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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Posted

yes restitution has nothing to do with your mental issues. The minute you pled guilty or no contest you are on the hook for restitution and any source of income you have it may be garnished however it is only if you fail to pay restitution. If you pay restitution (even if small monthly payments) no one will garnish your wages or check.

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