Philadelphia, PA asked in Criminal Law and Civil Litigation for Pennsylvania

Q: Can I file to get my restitution payment back?

I paid restitution for something that I did not damage or lose. The damages were already attained before I committed my crime. But I was kindve coached into paying restitution so that I wouldn’t have to go to court anymore. Even though I can prove the person falsely claimed loss and damages. (Facebook)(case photos)(case evidence)

1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: If you've already pleaded guilty, then no. If you want to contest your guilty plea, there are few appellate grounds to do so and those must be filed within 30 days -- but then you'll be headed for a trial if you will on appeal. And perhaps you get a harsher penalty or sentence if you lose at a new trial. My guess, however, is that you still want to keep the benefit of the plea deal but not pay restitution now, and that's not going to happen.

I often tell my clients in situations such like yours that part of the plea deal is to pay money in restitution. If you don't want to do that, then don't take the plea and go to trial. Most decide to take the plea anyway, and I'll bet that's what you did too. If not, talk to your attorney ASAP. Best of luck to you.

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