Petition to Revoke Suspended Sentence.

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Latest post 02-12-2006 1:39 PM by Ford. 4 replies.
  • 02-10-2006 11:17 AM

    Petition to Revoke Suspended Sentence.

    I was arrested On a Petition To Revoke Suspended Sentence for failuring to pay restitution.

    In 1996 I accepted a plea bargain and was given a term in prison as well as being ordered to pay restitution. The amount of restitution had not been determined when I entered my plea but it was agreed I would have to pay no more that $20,000. A few months later an Order from the judge came in the mail setting the amount at $25,000 to be paid at $200 a month beginning 30 days after my release from prison. No hearing was ever held allowing me opportunity to contest the amount.

    A insurance company was beneficiary to $22,000 dollars of the restitution. They agreed to discharge me of this debt to them. I got new charges as well as petitions to revoke suspended sentences. I accepted another plea bargain and returned to prison. At sentencing the judge discharged me of all resitution in my old cases. My public defender told me when I came out I would owe no one. Parole Board told me at my release hearing that all restitution had been satisfied. So, I never bothered with the insurance company again.

    Considering myself very lucky with nothing hanging over my head any longer that could return me to prison, I decided to end my criminal career.

    I had been out for two years on parole and had not been in any trouble. Then at a traffic stop I was arrested on a Petition to Show Cause as to why had had not paid restitution. I was shocked. it was on the old case that was not to exceed $20,000. I went to the courthouse got a copy of the agreement I had signed and sure enough this one case numbered was not listed.

    I was appointed a public defender explained it all to him. Told him that the insurance company had been wiling in the past to discharge the $22,000. I talked to the insurance company agian, they were still willing to uphold their prior agreement with me and told me to have my PD call them. He would not. He later told my mom he thought was just wishful thinking.

    The insurance company was really only wanting to hear from him to have some support of the facts I had told them of my indigence and that I was trying to live an honest life. Not just conning them.
    They became aggravated with the PD as they were willing to help me out if I was being honest. They went ahead on my word alone and faxed him a letter to present to the court that they had dichargerd my of the debt to them.

    I was found guilty of criminal contempt sentenced to 30 days community service and ordered to pay $2000 to another beneficary of the restitution. The amount of restitution was not to exceed $20,000. I paid $2450. The agreement I made with the insurance company cleared $22,000. Should I still be held responsible for $2000 more?
  • 02-10-2006 12:15 PM In reply to

    • DOCAR
      Lawyer
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    Feedback [*=*] re: Petition to Revoke Suspended Sentence.

    Should you? Moot question since you have already been ordered by the judge to pay it. Your remedy, at this point, would be to appeal, if the time for appeal has not passed.
  • 02-10-2006 1:05 PM In reply to

    Feedback [*=*] All those dead trees . . .

    Courts do things on paper. If a judge discharged you from all restitution, there should be a document somewhere showing that.

    That said, even if the company released you from the obligation, the restitution order is still a court ORDER. It's up to the judge whether that order is nullfied by anything external.
  • 02-10-2006 3:03 PM In reply to

    re: All those dead trees . . .

    "All those dead trees..."

    I didn't get the point.


    "Courts do things on paper. If a judge discharged you from all restitution, there should be a document somewhere showing that."

    I did not make myself clear on that. After being arrested, I went to the court clerk's office and got a copy of the original plea bargain form my attorney filled out. He failed to list this one case. That is the reason for it coming back to haunt me.

    "That said, even if the company released you from the obligation, the restitution order is still a court ORDER. It's up to the judge whether that order is nullfied by anything exrenal."

    Arkansas statutes say that a restitution judgment may be discharged by an agreement between the beneficiary and the defendant. In court upon being presented with the letter from the company. the judge declared the $22,000 satisfied.

    The original order handed down by the Court said that the amount of restitution was not to exceed $20,000. That amount has more than been satisfied. I do not feel that the court should have ordered me to apy the $2000.



  • 02-12-2006 1:39 PM In reply to

    Feedback [*=*] re: All those dead trees . . .

    "Arkansas statutes say that a restitution judgment may be discharged by an agreement between the beneficiary and the defendant."

    Restitution in a criminal case is usually an ORDER that can be converted to a civil judgment. I suspect, but don't KNOW, that this statute refers to the civil side.

    "In court upon being presented with the letter from the company. the judge declared the $22,000 satisfied."

    Okay.

    "The original order handed down by the Court said that the amount of restitution was not to exceed $20,000. That amount has more than been satisfied. I do not feel that the court should have ordered me to apy the $2000."

    In my state, the sentenced as orally pronounced is the only legal sentence. If the judge said $20k, he'd be bound to that. An appeal from the restitution order would be the normal remedy. Possibly a motion to reconsider.



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