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  1. #1

    Default Miscalculation of Restitution

    My question involves criminal law for the state of: CA

    I had a restitution final hearing yesterday. My public defender was shown a list the district attorney proposed to her about the amount of restitution. They have some arguments about which items should be deducted or added from that list with the judge.

    The judge had decisions about each items in that list such as deny of DA's proposal to return $3600.00 my ex's apartment deposit and rentals after the incidence since she had restraining order and did not have to move out our house. It seems everything works fine in this procedure. But to my surprise, in the final sentencing, my public defender still add that $3600.00 to my restitution. It is obviously in contrary with what the judge decided. What is wrong with it? How can I argue this since the public defender already sign off my case after the hearing?

    Many thanks.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Miscalculation of Restitution

    It's not clear what you are saying. Is it that your PD is stating you owe more than the court actually entered as an order of restitution or that your PD tossed the $3600 back into the total prior to the court entering a judgment so that amount, which you understood was not to be part of the restitution order then became part of the order?

  3. #3

    Default Re: Miscalculation of Restitution

    Thanks JK,

    Let me rephrase. The $3600.00 is the cost my ex moved to another apartment 3 days after the incidence. My ex claimed she felt unsafe to live in our house. The judge heard the fact and decided that this $3600.00 should not be counted as my restitution to my ex.

    The DA initially propose this $3600.00 to the judge and my PD defended it and the judge made decision stated above. But the final sentence still count this $3600.00 as part of my restitution. I asked my PD what happened? She just did not explain it to me. Maybe she is not good at algebra and be fooled by the DA's relatively messy calculation.

    My question is who should I seek help for. I already left a message to my PD, but she did not reply. She already signed off my case since yesterday is the final hearing. Whom should I contact for? I think it is not an appeal because I agree judge's decision and I believe either DA or PD made wrong calculation in the final decision statement.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Miscalculation of Restitution

    Is there a itemization of the restitution order specifying what it represents? If so, does it state the $3600 is as you believe it is?

    If so, you need to continue to attempt to contact your PD to address the issue. If you cannot contact your PD, then you need to contact the overseeing entity of the PD. In some states there is an actual PD department within the court system. In others, the PD's are simply private attorneys that are contracted to represent parties under the PD system. Who would be the contact point for a superior party would vary with the state involved.

  5. #5

    Default Re: Miscalculation of Restitution

    The original restitution list has that $3600.00. But I did not see a finalized version of that list. The restitution order is just one number saying I need to pay $5300.00 which is not itemized.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Miscalculation of Restitution

    then how do you know the $3600 dollars was included in the total? How do you know it the total would not have been $8900 if that were included?


    basically, if you believe you are being required to pay something the court has not required, you need to contact your attorney. If your attorney refuses to respond, then you need to contact their superior. If nobody responds, you might consider contacting the local (if there is one) or state bar.

  7. #7

    Default Re: Miscalculation of Restitution

    You are right, JK,

    I will first ask the PD to show me the itemized restitution. If she donot want to show me, how could I do? Can I directly reschedule a court date with the court clerk and then there will be someone show up?

    Thanks again.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Miscalculation of Restitution

    You can get a copy of your file. Contact the court clerk and ask about it.

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