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I have a restitution of almost 1 million dollars which I am paying 500.00 a month and will be off probation in 1 year.
Anonymous4 views2 answers
The question is. I just called the clerk of courts because a friend of mine told me they have to have a victims list with the amounts that I owe each of them. The women at the court stated that they never received a list from the DA and no money has ever been paid out. Can I get my restitution discharged??
It is doubtful. In Pennsylvania, restitution is part of the victim's bill of rights, and the DA's failure to file the proper paperwork to allow the court to direct it appropriately does not seem like sufficient justification to excuse you from your court ordered obligation to pay the money as a part of the sentence. It is also likely that filing a motion to modify the sentence to vacate the restitution order would simply alert the DA to their omission and lead to the filing of the appropriate paperwork, if the clerk of courts does not now alert them to the omission now that it has come to their attention. I would, however, suggest that you discuss this with the attorney who represented you at trial to determine if the Philadelphia courts handle this issue differently than the courts do in the western portion of Pa. You may also want to discuss with counsel what will happen when you reach the end of your 1 year probation and, presumably, still have the vast majority of the 1 million in restitution still owing, because 500/month is not going to put much of a dent in that.