When I was young I got involved with a bad guy. We stole some money and I was found guilty of mail fraud. It was a felony I was sent to jail in 1995 and was released in 1997. I spent 3 years on probation. I still owe restitution and was wondering the following:
1) Do I only have to keep paying for 20 years?
2) If so does that mean I am done paying in 2015?
3) Or is it 2017 or does the 20 years start after my probation ended?
4) Can I Hire a lawyer to see if I could just offer like 20k on the remaining balance to make it go away?
5) What do you think it would cost?
I have an 11 year old daughter and would rather not ask one day why the doj sends me a letter every month.
She has no idea I was ever in jail.
Thanks for your help.
I believe the government has 20 years to attempt to collect the restitution from you from the date of your release from custody--2017. I have never heard of negotiating partial satisfaction of restitution. I am not sure that the government would be willing to do so. The government may prefer to get every ounce of flesh it can from you over the next 5 years.
The Government may collect restitution for a period of 20 years from the date of the judgment or the date of the defendant's release from custody, whichever is later. While on supervised release, a defendant is obligated to pay restitution as a condition of that SR; however, upon termination of the SR, the restitution may be collected by the Government as any other civil judgment (agreed monthly payments or garnishment of wages, etc.). A settlement of restitution may be reached at any time the parties are willing to do so, subject to the approval of the District Court. Some victims are willing to settle (they would prefer to receive a portion of the balance in a lump sum rather than at a rate of $200 per month, for example), and others are not. Therefore, I normally charge an hourly rate to address the issue because I have no idea how easy or difficult the task may be until I have been able to discuss the same with all interested parties (not to mention dealing with the joint and several liability aspect). Please call or email if we can help, or if you would like to discuss the matter further.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline