303)  When do I get my Restitution Money? #HaberPA Criminal Defense DUI BUI DV Lawyer
Channel: Michael Haber
Date: 2019-05-20

Thanks for asking me “When do I get my Restitution Money?”

As with most things in life, there’s the rules and then there’s reality. 

So, what are the rules?  When it comes to getting your restitution money here’s the rules (or, more accurately, the ideals):   First the amount of restitution has to be established.  The amount is either agreed to or it’s determined at an evidentiary hearing that’s gotta occur no later than 60 days from the date of sentencing.  Then, once the amount is established ,the Judge has to determine how it’s going to be paid.  Subject to the Defendant’s ability to pay the Court can order payment either within a specific time frame or in specified installments.

If a Defendant is sentenced to serve time then restitution MUST be paid within 5 years after release from custody, and in the case of either probation or parole then restitution MUST be paid prior to successful termination.  If there’s neither incarceration nor probation, then FS 775.089(3)(d) requires that restitution be made “immediately”. 

Criminal Orders of Restitution effectively become civil judgments; in fact FS 775.089(5) makes them enforceable just like any civil judgment. FS 775.089(10)(a) says that a default in payment of restitution can be collected by “any means authorized by law” for enforcement of a judgment (like an income deduction order, garnishment, levying, liens... whatever); and 775.089(10)(b) says that criminal restitution orders cannot be discharged in bankruptcy.

So, those are the rules... but now let’s get to the reality...   The reality is that no matter what the Court orders, many Defendant’s simply don’t have either the means or the ability to ever make their victim whole, and so in many cases the victim will never collect restitution.

Thank you for your question, I appreciate your having asked it and I invite you to ask me more.  Remember, at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
http://www.criminallaw.miami 
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
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Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/

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