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Q:     How do I go about modifying my restitution being it is set at $1000 a month and I JUST got out of prison after 4 years? I was sentenced to 48 months DOC followed… Scroll down to read more!

Q:     How do I go about modifying my restitution being it is set at $1000 a month and I JUST got out of prison after 4 years? I was sentenced to 48 months DOC followed by 10 years probation. My issue is they are asking $1000 a month towards restitution as part of my probation which in no way can I afford. I don’t think most people can. I owe $108,000 total. I need to know how I can get in front of a judge in Pinellas County, FL and what papers may I file on my own to do so. I would hate to violate probation simply because I need to survive and there is no way to if I have to pay the $1000. I don’t even have that to spend as it is. Thanks


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Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/how-do-i-go-about-modifying-my-restitution-being-i-1548262.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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7 lawyers agreed with this answer

Amir A. Ladan
Amir A. Ladan
Criminal Defense Attorney – Orlando, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Alberto Marino Quirantes Jr.
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Jonathan Hackworth
Jonathan Hackworth
Criminal Defense Attorney – Tampa, FL
Erick Masten Platten
Erick Masten Platten
Criminal Defense Attorney – Tyler, TX
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL

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Answered You will have a tough time preparing, filing, calendaring and litigating a motion for modification of your probation. I suggest that you speak with your probation officer and see if s/he will assist you in seeking a modification to a realistic monthly payment.

You should know that there is no such thing as a “debtor’s prison” in the US (or in FL). If monetary conditions are all that are outstanding then the State can try to violate you, but in order for the Judge to do so s/he will first have to determine that you “willfully and substantially” failed to comply with the terms and conditions of your probation.

“Willfulness” requires some degree of choice. If you have money and choose to spend it on things other than your Court Ordered obligations then you can be punished; but if you truly do not, and if the State cannot prove that you made such a choice, then you cannot be jailed. The Court can either extend your probation (assuming that there remains statutorily permissible time for such an extension), convert your balance to either a criminal order (in the case of restitution) or community service hours (in the case of monies other than restitution) or s/he may be able to waive the costs / fees / fines and simply terminate your probation (successfully or unsuccessfully, as s/he sees fit).

My advise to you is to keep accurate records of your finances (income and expenses) and not to sweat it (unless, of course, you are willfully not paying). You may also wish to take a look at my Avvo Legal Guide on surviving probation / CC in Florida as it may be helpful to you during your probationary term.

Please see: http://www.avvo.com/legal-guides/ugc/probation-in-florida–what-it-is-and-how-to-survive-it 


I hope that this has been helpful and wish you the best of luck!
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Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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