Camden, TN asked in Criminal Law, Appeals / Appellate Law and Collections for Florida

Q: I got sentenced to 10 years on a trafficking charge in 2012, with that conviction was a $100,000 fine. When I went

to prison I filed an appeal. I won my appeal and my conviction was overturned. When I got home from prison I had to start paying on the fine, I've been paying $75 a month for the last 4 years. I know I shouldn't be paying the fine, how do I go about not paying anymore and getting my money back? I missed my payment last month and now my license is suspended until I pay the fine in full which is now$105,000 because of interest.

2 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: I think it depends on the appellate decision and what exactly was “overturned”. A lawyer would have to review your file and likely, if applicable, file a motion in court to address the issue. I hope this helps.

Jeffrey H. Garland and Bruce Alexander Minnick agree with this answer

Jeffrey H. Garland
Jeffrey H. Garland
PREMIUM
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: That you won your appeal doesn't fully explain why. If your conviction was overturned on the trafficking charge, then your case should have returned to the trial court and the consequences of the conviction should have been set aside as well. Obviously, this issue is worth $100,000 to you. I would suggest you either get the answer directly from the appeal lawyer or retain an attorney to review the matter for you. The unpaid fine can cause you lots of problems including a license suspension and bad credit.

Bruce Alexander Minnick agrees with this answer

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