If a federal court sets a specific amount for restitution payments can the state of Mt disregard it and increase the amount 300%
3 attorney answers
Not enough information. The US has three sovereigns, state, federal, and tribal. Conceivably, you could be convicted by all three on similar facts and all three could assess restitution. State and federal have to charge different crimes. Contact the Federal Defender or state Public Defender and ask about an appeal if you cannot afford a private criminal appeals attorney.
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State and Federal agencies cannot easily bind each other to their decisions. The amount of restitution in Federal court may not reflect the total loss the state suffered. If there has been some state action to assess and enforce restitution, there should be an appeal procedure in place to adjust it. Check with a lawyer that handles administrative law in your area, they may be able to appeal and reduce any state judgement.
Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.
Your question is unclear. Were you convicted of both state and Federal offenses arising out of the same conduct? If so, then each court is going to find a restitution amount under the law of each respective jurisdiction. These amounts may or may not be identical.