QUESTION
Can your entire check be used in a criminal case that has a set amount to be paid every month?
Asked on Sep 24th, 2012 on Criminal Law - Michigan
More details to this question:
I was found guilty of embezzlement and required to pay back $800 a month. I haven't been able to find another full time job yet but work a small part time job, which I use to pay back the money. It is not close to the $800 required. There is a possibility that I might have a full time job. My monthly take home pay would run around $850. Legally do I have to pay back $800 a month or do they take a percentage? With me driving, I would be in the hole with this full time job, but with my past, I am finding it hard to find a job in my small town.
9 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to go back to court and explain why you cannot pay that much each month.
Answered on Jun 12th, 2013 at 2:04 AM
Michael Paul Vollandt
Go back to court and let the Judge know what you funds are. He may lower the monthly amount. It is had to violate your probation if you do not have the ability to comply with the term of probation.
Answered on Sep 27th, 2012 at 1:46 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Under California debtor rules, only a percentage of your pay can be used to repay a debt. I would go back to court or contact whoever is in charge of restitution and ask if the monthly amount can be reduced so that you can have a living wage.
Answered on Sep 27th, 2012 at 1:46 PM
Michael J. Breczinski
I would pay back as much as you possibly can. If you are living at home and do not have many expenses hand it all over. If you have expenses then pay back as much as you can at least a couple of hundred per month. You want to show that you are trying. Don't go and pay nothing, then the judge will not be impressed. You will be questioned about why you can't pay the whole thing back so you don't want the judge to get mad , because they think you are living high on the hog and not fulfilling your duty.
Answered on Sep 26th, 2012 at 4:20 PM
Thomas Edward Gates
You need to talk to your probation officer to see if you can get a change on the amount you must pay each month.
Answered on Sep 26th, 2012 at 12:57 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is entirely up to them whether they want to take less. They have the option of garnishment of your bank account and employer.
Answered on Sep 26th, 2012 at 12:57 PM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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If there is a court order which indicates that you have to pay $800 per month, then you have to pay $800 per month. You may be able to submit a motion to amend the order based on a financial hardship on your part, but until the order is altered, you must abide by its terms. I would suggest that you seek to have the court alter its order as soon as possible.
Answered on Sep 26th, 2012 at 12:56 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You probably need to have your attorney make a motion before the trial court and try to get the amount reduced, or perhaps have the attorney get permission to contact the victim and make a settlement that takes into account how much your are able to pay monthly.
Answered on Sep 26th, 2012 at 12:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to go to probation and probably the court to have the monthly restitution payment modified.
Answered on Sep 26th, 2012 at 12:54 PM