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    Default Added Restitution Money After a Plea Bargain

    My question involves criminal law for the state of: California

    My brother was charged with 1 count of Embezzlement as well as 4 counts of Grand Theft $400 or above. The agreement was that he would plead guilty to 1 count of Embezzlement as well as 1 count of Grand Theft. Now at his sentencing they told him that now his restitution fine is over $25,000 when all the charged him with was a total of $4,000. What can we do in this case. He has already contested the total amount of restitution but he agreed to his plea deal on July 27th 2009 and his sentencing was on Aug 28th 2009. In his report it says that they submitted the total of the $25,000 plus on Aug 25th 2009. How in the hell does that work.. it was about a MONTH after he reached a deal! So is all we can do is contest the total or is there a way to appeal and if there isnt how do we get ahold of the "Evidence" against him? We also used a public defender which I believe now was a mistake and I have already tried to contact him to disguss this so I am waiting for him to return my calls but I am just in search of information and what I can do to help my brother.. Any suggestions and information would be VERY HELPFUL at this point. Thanks

  2. #2
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    Default Re: Added Restitution Money After a Plea Bargain

    If he stole $25,000, then he stole $25,000 even if he only confessed to stealing $4,000 as part of his plea bargain. If he didn't steal $25,000 he can talk to his lawyer about disputing the amount of restitution claimed - something he's apparently already doing.

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