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  1. #1
    Join Date
    Mar 2013
    Location
    dunnellon, florida
    Posts
    5

    Default Can a Judge Order Change in Lifestyle

    My question involves criminal law for the state of: florida

    hello everyone

    well the drunk driver that left me disabled & his parole was just about to end when they violated him for not having restitution paid in full, he still owes $180,000. yeah i know. my question are there any florida cases on record where i judge has order the defendant to change his lifestyle in order to pay higher amounts and get restitution paid off? i know it's a long shot but we go back to court next week and well the victim's advocate basically told me it's not up to the state to help me get restitution...........omg it was part of the plea deal so how's it not tied together. anyway would appreciate any and all help you can provide me as i go in front of the judge again and explain my case again to him.

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Can a Judge Order Change in Lifestyle

    The court can only mandate the person pay a set dollar amount or a percentage of their gross income. In cases where the person is capable of being employed at a higher rate, but you can demonstrate that they are purposefully obtaining low paid positions you can ask that the person be held to a reasonable dollar amount. However, the judge cannot order a person to go to school, learn a new trade, etc in order to obtain a better paying position which would pay for restitution.

  3. #3
    Join Date
    Mar 2013
    Location
    dunnellon, florida
    Posts
    5

    Default Re: Can a Judge Order Change in Lifestyle

    ty antrc170

    i was thinking maybe a judge could look at his income & expenses (such as rent) and say hey smoking is a luxury so you have to quit that, you have internet at your home & on your cell phone, one has to go but your info is good to know

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Can a Judge Order Change in Lifestyle

    Quote Quoting victim of drunk driver
    View Post
    ty antrc170

    i was thinking maybe a judge could look at his income & expenses (such as rent) and say hey smoking is a luxury so you have to quit that, you have internet at your home & on your cell phone, one has to go but your info is good to know
    I wish it were that easy. The judge can't order a person to quit smoking to pay for restitution. As far as other bills go, if the judge requires the person to submit a financial statement you may get to argue based on that allocation. For example, suppose the defendant claims that he is making $5000/mo, but can only afford $100/mo in restitution. You may be able to argue for a higher amount (generally its 10% of gross pay).

  5. #5
    Join Date
    Mar 2013
    Location
    dunnellon, florida
    Posts
    5

    Default Re: Can a Judge Order Change in Lifestyle

    ty again

    i know that there is a order the judge can give that will make him show his income & expenses but i can think of the name of it basically it would force him or a sheriff to take inventory of everything he owns..........any help?

  6. #6

    Default Re: Can a Judge Order Change in Lifestyle

    Income and expenses are one thing. His personal possessions are quite another. No, the sheriff isn't going to be ordered to go into his residence and make a list of what he owns. Doesn't work that way. Inventory of what he owns is really meaningless, because unless you've documented his multi-million dollar art collection, his herd of award winning race horses, or otherwise large and obvious asset, the court isn't going to order him to sell his stuff to pay restitution. What you CAN do is put leins on property, such as his home, land, business, afore mentioned art collection or stable, etc - such that he can't sell or otherwise dispose of them without the lein being satisfied. If the restitition is attached to his probation or parole, you can ask the court to revoke such for his failure to obey the court's order to pay.

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