No. Once a federal sentence has been imposed, it is not possible for a defendant to avoid it by paying restitution, or having a third party pay restitution on his behalf.In federal court, if the defendant is not a flight risk or a danger to the community, he or she may be allowed to remain on bond after sentencing and "voluntarily surrender" at a later date to the prison where he will serve his sentence. Since it takes several weeks for the Bureau of Prisons to review a defendant's paperwork and decide where he will serve his sentence, this avoids him having to remain in a Federal Detention Center or county jail while awaiting the placement decision. The court will specify a date, usually a matter of weeks, by which he must surrender at the designated institution.The sentencing judgment will specify the prison sentence imposed as well as the terms of any voluntary surrender granted and how restitution is to be repaid. If assets are identified as being available immediately, the Financial Litigation Unit of the U.S. Attorney’s Office may try to collect on behalf of the victims. If an imprisoned defendant has no readily available assets to pay restitution, the Court is likely to order the Probation Department, upon his release from custody, to develop a payment plan for him. Also, if the defendant appeals his conviction or sentence, the court may grant him an appeal bond, allowing him to remain at liberty pending the decision of the higher court, which can easily take a year or more.You can view the sentencing order and other documents in the case for no charge at the clerk’s office of the U.S. District Court where he was sentenced. You can also apply online for electronic access through PACER. There is no application fee, and the cost for copies is ten cents a page. The sentencing order, called a Judgment, is usually 7 pages or less, rendering the cost less than $1.00.
Jeralyn Merritt, Ask a Lawyer Panelist Since 1998
Answered on Jan 21st, 2013 at 2:47 AM