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Philadelphia Federal Criminal Restitution and Fines: Payment Options
|Last Updated on: 16th December 2023, 11:12 am
Philadelphia Federal Criminal Restitution and Fines: Payment Options
If your convicted of a federal crime in Philadelphia, the judge can order you to pay restitution to victims, as well as fines to the government. This article explains your payment options and legal rights when it comes to criminal monetary penalties.
Restitution Basics
Restitution is money you pay to compensate victims for losses from your crime . The losses can be medical bills, therapy costs, stolen property, etc. The judge decides the restitution amount based on evidence submitted by the prosecutor . You may have to pay restitution even if you’re indigent.
Fines Basics
Fines are monetary penalties you pay to the government, not victims. They’re meant to punish you in addition to incarceration. Judges consider your financial resources when deciding fines, but can still impose them if you’re indigent .
Payment Schedule
After your sentencing, you’ll get a notice in the mail explaining the payment schedule for restitution and fines. Typically you won’t have to pay anything until 60 days after your release from prison. But the government will start charging interest during that 60 day grace period .
The notice will explain your minimum payment, due dates, interest charges, etc. The payment schedule is based on your ability to pay. So the court will look at your financial situation, including income, expenses, assets, and debts. The schedule might change if your financial circumstances change .
Payment Options
You have a few options for making restitution and fine payments:
- Mail a check or money order to the address on your payment notice
- Pay online through Pay.gov after setting up an account
- Authorize withdrawals from your bank account
- Make cash payments at MoneyGram locations
The court may require you to use a certain option, like bank account withdrawals, to guarantee regular payments. You can ask your probation officer about payment alternatives if needed .
What If You Can’t Pay?
Contact your probation officer immediately if you can’t make payments. Explain why and ask about modifying your schedule. Options include:
- Lower minimum payments
- Temporary payment pause
- Payment plan changes
The court may agree to modifications if you show evidence of financial hardship. But interest will continue accruing on unpaid balances. And modifications don’t last forever – at some point you’ll have to resume normal payments.
Petition for Resentencing
As a last resort, you can petition the court for resentencing if the restitution is clearly beyond your means. This is allowed under 18 U.S.C. § 3572(d)(3) . But judges rarely grant these petitions because restitution is mandatory for most crimes.
Consequences for Nonpayment
There can be serious consequences if you willfully refuse to pay restitution and fines, including :
- Civil lawsuit to seize assets
- Negative credit reporting
- IRS tax refund seizures
- Additional fines and interest charges
- More prison time
So make every effort to pay, even partial amounts, and communicate with probation about difficulties. Nonpayment due to poverty is not itself a violation. But ignoring notices and orders can lead to big trouble.
Expungement and Pardons
Getting a conviction expunged or pardoned does NOT erase outstanding restitution and fines. You still have to pay as ordered by the court. The only way federal criminal monetary penalties go away is through actual payment or rare cases of re-sentencing.
Bankruptcy
You can’t discharge federal criminal monetary penalties through bankruptcy except in very limited cases. One example is if paying would cause “undue hardship” to your dependents. But courts set a very high bar for proving undue hardship .
Talk to a federal criminal defense lawyer if you need help analyzing payment options or modifying a schedule you can’t afford. Don’t let unpaid balances spiral out of control and put you at risk.