How to Petition Courts to Reduce Restitution in Pennsylvania
Restitution is a court-ordered monetary award resulting from a criminal conviction. Restitution is to be paid by the defendant to the victim as a way to compensate the victim for physical losses or injuries suffered as a result of the crime. If you have been ordered to pay restitution in Pennsylvania and are unable to pay it, petition the court for a hearing to reduce the amount due or to alter the payment schedule. Simply not paying the restitution could be cause for incarceration.
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Instructions
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Contact the district attorney or prosecutor's office and speak with the prosecutor in charge of your case. Explain your financial situation and why you are unable to pay.
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Ask the prosecutor if they will agree to a reduction in the amount of restitution you owe based on your inability to pay. You are not required to attain the approval of the prosecutor but it will help your petition if they agree. Pennsylvania Code,18 Pa. Const. Stat. 1106, specifically allows the judge to alter the restitution amount based on a request or agreement by the prosecutor.
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Prepare a motion to reduce restitution. Caption the document in the same manner as other court documents from your case. This will include the name of the parties, name of the court and the cause number. Title the document "Motion to Reduce Restitution."
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Explain in the body of the document why you were ordered to pay restitution and in what amount. Also explain your financial situation and why you are unable to abide by the current court-ordered restitution payment schedule. Conclude by asking the court to reduce your restitution amount.
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Sign the document and make several copies. File the petition with the court that originally ordered the restitution and serve the prosecutor with a copy in person or by mail.
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