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  1. #1
    Join Date
    Jul 2011
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    6

    Default Money Was Not Properly Credited to Restitution

    My question involves criminal law for the state of: Pennsylvania

    I had a criminal case back in Oct 2013 where I accepted entrance into the ARD program for 2 years + pay restitution to avoid the cost of going to trial. My employer held a $600 paycheck towards the restitution owed. This was brought up at the court hearing and the judge verbally noted that he would subtract it from what I owe, but somehow this never made it over to actual court order. Now that my ARD is about to end, the clerk of courts office is saying I still owe money and that there is nothing in there about the check held. I tried to reach my attorney but it says he is out of town for two weeks and that is when my ARD ends. I don't have an additional $600 to pay right now because I can't even get a job at Walmart with ARD on my background. I have called the court administrator's office asking for a transcript and they are supposed to find out who the court reporter was and get back to me with a price for me to obtain the transcript. Is there a motion that I can file to have the court order amended to include the paycheck that was supposed to be in there? The judge that I was in front of has since retired. Thank You.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Money Was Not Properly Credited to Restitution

    Speak with the probation department to see if they can clear up the issue. If they cannot then, yes, you may file a motion -- but you would be best served by having a lawyer represent you in the matter. Do you think you are capable of representing yourself -- do you understand Rule 720, or does it confuse you?

    The transcript may clear things up; there may also be documentation of the payment in the court file (including the judge's notes).

  3. #3
    Join Date
    Jul 2011
    Posts
    6

    Default Re: Money Was Not Properly Credited to Restitution

    I have read Rule 720, and I'm not sure it applies to what I need. Do I have to appeal the sentence in full in order to modify it or even have it terminated? If I would need to go by Rule 720, I'm way over the time limit to appeal as it has been almost 2 years now.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Money Was Not Properly Credited to Restitution

    What your confusing says to me is that my instinct is correct -- you should retain a lawyer to assist you, as you're unlikely to be able to navigate the court rules and motion practice without legal help.

    See what the probation department, court file and transcript say, as they may allow you to clear things up without hiring a lawyer.

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