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  1. #1
    Join Date
    Oct 2011
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    6

    Default Error in Amount of Restitution

    My question involves criminal law for the state of: Florida

    My husband and I pled guilty to 3 misdemeanrs for failure to remit sales tax. The judge verbally ordered restitution $13,750. 1/2 ($6,875) to paid immediately and 1/2 to be paid $300/month. He also ordered 36 months probation. We have completed four months of probation.

    We paid the first 1/2 that same day in court as ordered. But we have not been able to pay the remaining restitution because the clerk of court & our probation officer say that we only owed $6,875 and that it was paid that day in court. They will not accept any payments from us. We have tried explaining to both the clerk of courts and our probation officer the error but they disagree with us. They gave us a copy of the judge's written order and it is missing the details of the restitution. It only states that restitution is to be paid.

    Will we get in trouble for their error? What should we do?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Probation - Restitution

    If you are discharged from probation without the correction of the error, you will be discharged from probation. If you haven't made full restitution, you victim (in this case the state) can still pursue you for the remaining money you owe through civil collection proceedings.

  3. #3
    Join Date
    Oct 2011
    Posts
    6

    Default Re: Probation - Restitution

    Can we be arrested for not paying?

    If the court realizes their error can they charge us or arrest us for a probation violation (failure to pay restitution)?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Probation - Restitution

    Again, if you are discharged from probation without the correction of the error, you will be discharged from probation but your victim will be able to pursue you civilly.

    If you're not discharged from probation, you'll still be on probation. If the error is corrected, the error will have been corrected.

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