We Represent the Rights of Criminal Defendants Facing Restitution in Federal Criminal Cases
Federal can be an onerous financial commitment, making it difficult to keep up with your other financial obligations and live a normal life. If you have been convicted of a federal crime and have already completed your term of probation or prison sentence, there is a chance that the government is still trying to collect restitution from you and may be threatening to seize your assets, including your home, car, or other valuable personal property.
Fortunately, there is help available. The lawyers of Duffy Law are experienced federal criminal defense attorneys who know how to deal with aggressive prosecutors and are committed to helping people minimize the long-term effects of their federal convictions. In the case that you have not yet been convicted of a crime, we will do everything possible to resolve your case as favorably as possible—whether that means negotiating the most favorable plea agreement possible or seeking an acquittal at trial. To schedule a case evaluation with a member of our experienced legal team, call Duffy Law today at 203-946-2000 or send us an email through our .
The Basics of Federal Restitution
The U.S. Sentencing Guidelines and many federal criminal statutes require courts to impose mandatory restitution in cases where the defendant has been convicted of a crime, either by a guilty plea or after a trial. In criminal law, restitution is compensation paid by the defendant to the victim. The victim can be an individual, a group of people, a company, or even the federal government itself. Because restitution is often mandatory, the court’s orders to pay restitution do not take into account the defendant’s ability to pay. The amounts of restitution can be well into the hundreds of thousands or even millions of dollars. As a result, criminal restitution cases often saddle criminal defendants with debts that can take decades to repay—.
Importantly, federal restitution is not dischargeable in bankruptcy, and the government is able to bring proceedings in order to get information that will help it collect the restitution that is owed. As a result, it is very difficult to avoid paying on a restitution order and the monthly payments have the potential to have a significant impact on your financial well-being. In addition, the government can seize any assets that you may have, and the typical state debt collection exemptions do not apply. In fact, the government may even seize your spouse’s assets in order to collect on a restitution order, and an attempt to avoid this through divorce could potentially be viewed as fraud.
How Our Attorneys May Be Able to Help
If you are already subject to a restitution order and feel like there is no way out, your situation is not hopeless. In many cases, there are things that an attorney can do which may reduce restitution payments or the total amount due. In some instances, it may be possible to have the restitution order completely stricken, meaning that you would no longer owe any money to the victims of the crime of which you were convicted.
When we take on a client that is having difficulty meeting their legal obligations under a restitution order, we will take the time to fully evaluate all of the legal options available. In some cases, this may mean actually attacking the underlying conviction that resulted in the restitution order. More commonly, however, we will work with the prosecutor handling your case in order to develop a payment schedule that fits your specific financial situation. To learn more about how our team of federal restitution defense lawyers can help you, call Duffy Law today to schedule a consultation. If you would prefer to send us an email, please fill out and submit our .
The Best Way to Avoid Restitution is to Avoid a Conviction
Of course, if you are facing a federal criminal charge that may result in a restitution order, the ideal solution is to avoid a criminal conviction in the first place. The lawyers of Duffy Law are qualified to represent individuals facing a wide variety of federal criminal charges, and regularly represent people accused of:
- White collar crimes
- Tax offenses
- Money laundering/structuring
- Drug violations
- Gun violations
- Hate crimes
- Supervised release violations
- Other federal crimes
If you choose us to represent you in a criminal matter, we will engage in a thorough investigation of the circumstances leading up to your arrest and determine whether any legal defenses exist. This can range from uncovering constitutional violations that occurred while the police were investigating your case or using a defense investigator to find evidence that tends to show that you are innocent of the charges of which you have been accused. In some cases, it may be advisable to enter into a plea bargain agreement with the prosecutor handling your case in order to limit your potential criminal liability. In this scenario, we will do everything we can to ensure that you are offered the best plea deal possible and do everything we can to limit the legal penalties to which you are exposed. This can involve minimizing (or even avoiding) jail time, fines, restitution, and other potential criminal penalties. Obtaining a favorable plea agreement is a complicated matter that involves identifying the legal weaknesses in the government’s case against you, so it is highly advisable for anyone considering pleading guilty pursuant to a plea bargain to retain an experienced criminal defense attorney as soon as possible.
Call Duffy Law Today to Speak with a Federal Restitution Lawyer
If you are facing a federal charge that could result in restitution as part of your sentence or are already dealing with federal restitution, you should speak to an attorney as soon as you can. The experienced federal criminal defense lawyers at Duffy Law will review your case at no cost to you and advise you as to your legal options. We are qualified to represent individuals who are facing criminal charges as well as those who are seeking post-conviction relief with respect to criminal restitution. To schedule a case evaluation with a member of our legal team, call Duffy Law today at 203-946-2000 or send us an email through our .