Is it possible to have a Judge in Miami Dade County remove a restitution balance from a previous case?
Fast forward 9 years. I sent in a Clemency form to the State of Florida so that I could have my rights restored. Within 3 weeks I received a letter back stating that I could not be award clemency because of, you guessed it that restitution payment.
I would like to know if I am in fact required to still make that payment and if so, how can I find out the balance owed or if not, how can I get this lifted so that I can move forward with the clemency request? Thanks!
3 attorney answers
Yes. You are still required to pay restitution. Termination of probation does not discharge your obligation. You can "get this lifted so that [you] can move forward with ththe clemency request" by paying off the restitution balance.
It may not have been your mistake but it is your problem (and debt).
I hope that I've been helpful in answering your question.
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Yes, if you want your rights restored. The judge may not have directly said it was set off to a lien or other collection method, but it was still owed. It must have been reported to the State's restitution center, or whatever they call it. Just get ahold of them, find out how much is owed (they've undoubtedly added interest at 18% per year) and pay it. Then reapply.
You are still required to make the restitution payment, after all of these years. You should have taken care of that before, and guess what? Because you did not do it then, you owe a lot more now. These are the sorts of things that happen when people try to represent themselves, even in seemingly simple matters. Hire an attorney to make sure that this is done right.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.