Confusing Restitution Laws Can Prevent Felons from Having Their Civil Rights Restored

Written by:Julian Stroleny PortraitJulian Stroleny

When a person is convicted of a felony, he or she loses important civil rights. These include the right to own firearms, the right to vote, and the right to serve on a jury. Amendment 4 allows most felons to automatically have their voting rights restored upon completion of all terms of sentencing. In some cases, proving this is simple. The Department of Corrections records that the prison term has been served, the clerk of the court records payment of one-time fees, and the record clearly reflects that these conditions have been met. There are, however, other conditions of sentencing that can be much more ambiguous. When these are not clearly fulfilled and documented, a felon can be left without a method of proving that he or she is eligible to restore civil rights.

The experienced Miami criminal defense attorneys at Stroleny Law: Criminal Defense Attorney has represented defendants in post-conviction matters throughout the state of Florida. He can help clean up criminal records and restore civil rights. Call (305) 615-1285 for a free phone consultation as soon as possible. The sooner your record is cleared up, the sooner you can begin rebuilding your life.

The Problem with Florida’s Restitution Laws

Restitution is a common term of criminal sentencing. Any victim of a crime has the right to seek compensation for his or her financial losses caused by the defendant’s crime. After a guilty plea or conviction by a jury, the victim has the opportunity to prove to the court the exact dollar amount of his or her losses. The court then has the authority to enter a restitution order that requires the defendant to repay the amount of proven losses.

While this may seem like a relatively straightforward process, it often is not. The Miami Herald reports that neither the County Clerk nor any other department tracks how much restitution has been paid. This creates serious complications when large restitution orders are paid in installments. This also creates serious complications when the restitution order is for an especially large amount, as is typical in white collar crimes involving large sums of money. In such cases, it may be difficult for a defendant to ever pay the full amount of restitution – let alone prove that such sums were, in fact, paid to the right parties. In such cases, a criminal defense attorney can help defendants make reasonable restitution repayment plans, prove that such sums were paid, and use this evidence to support an application for the restoration of civil rights.

Defend Your Civil Rights with Experienced, Aggressive Miami Criminal Defense Attorney

The process of restoring civil rights can be both ambiguous and complicated. Trust the experienced defense attorney at Stroleny Law: Criminal Defense Attorney to help resolve all post-conviction matters you face. By resolving civil rights, restitution, payment of fines, and other matters, you will have more flexibility to make a fresh start after a criminal conviction. Call (305) 615-1285 for a free phone consultation as soon as possible. You can also send us an email through our online contact form.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Defense Attorney.

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