Sue the U.S. Attorney?

[papabb]

What is the name of your state? Minnesota

I am really not sure where to post this question, but I thought this may be the proper forum.
To make a long story short: I had been convicted of a federal offense in 1995 under VWPA, and served all my time given and 5 years of probation. During that time I paid restitution every month. I finished my probation in 2006.
My problem is that the US Attorneys office has been forcing me to continue paying "restitution" to them, even though the majority of US circuit courts had said that it violates the Ex Post Facto Clause.
I am trying to fight the US Attorneys on this.
My question is, where do I go? What type of attorney do I contact to help me? I have tried contacting criminal attorneys that deal with Federal cases, and they tell me that they don't deal with this, to contact a debt attorney. The debt attorneys tell me "they don't deal with this, go to a criminal attorney". I need help, but don't know where to turn.
Any ideas?

Thanks,
papabb

 

[wayward4now]

restitution owed

What is the name of your state? Minnesota

I am really not sure where to post this question, but I thought this may be the proper forum.
To make a long story short: I had been convicted of a federal offense in 1995 under VWPA, and served all my time given and 5 years of probation. During that time I paid restitution every month. I finished my probation in 2006.
My problem is that the US Attorneys office has been forcing me to continue paying "restitution" to them, even though the majority of US circuit courts had said that it violates the Ex Post Facto Clause.
I am trying to fight the US Attorneys on this.
My question is, where do I go? What type of attorney do I contact to help me? I have tried contacting criminal attorneys that deal with Federal cases, and they tell me that they don't deal with this, to contact a debt attorney. The debt attorneys tell me "they don't deal with this, go to a criminal attorney". I need help, but don't know where to turn.
Any ideas?

Thanks,
papabb

When you finished your probation had you also finished paying the court ordered amount of restitution? I'm no lawyer, just an Ex-Con. My own understanding of such things is that you still owe the remaining amount regardless of your custody. My own thinking is that if the amount paid per month is unworkable that you use mediation or your former probation officer to see what route is open to you to negotiate a lower payment. But, they still expect the amount of restitution to be made, if you're 80 years old and shot full of cancer. Failing to make all the payments could be a return to the lock-up. And, when you finally got out again, you'd STILL be stuck with an unpaid bill. Not worth it, in my book. Your call though.

Until you have "exhausted" your remedies, after keeping a good written record of the time-line of events, who you corresponded with and the results, with everything all properly copied and in nice neat files, a day in court may find you facing a less than favorable court. From my perspective, make the loan payment easy on you, if at all possible, while insisting the point that while you are responsible for paying it, that you need better terms in order to be a productive successful citizen and being able to afford the necessities of life. If you have a good support group to turn to, draft a sensible budget with your cost of living presented as agreed upon by these people, and then proceed to present that. Strength in numbers is what you really need here. Judges will rule more favorably if you have responsible others around you that can attest to your real needs. I just don't see how you can skate on paying restitution, especially if it goes to those you hurt in your crime. No judge will rule favorably on that. I sure wouldn't begin to try. But, that is my perception.

A good lesson I had to learn, after I got out on probation, was to learn when to pick my battles. I have some stuff dumped on me that I think it totally unconstitutional and I have a huge urge to get into everyone's face, tell about it on NPR and... and... and I had to take a time out and figure not only how, but WHEN to fight the good fight, as I see it. It's not now, as there are still some remedies open to me, at lower levels, that I have to exhaust first. If I fail to do that, then I've blown any chance for a decent battle for what I perceive as "righteous". Before I went to prison I would have just gone into battle, guns blazing. That behavior got me into prison and that place was no joke. Again, it might be better if you could make a plan that would get the payment amount to something you can live with, and stay out as a free man! That's my two-cents, and consider if the restitution amount isn't lower than what you'll owe one of these attorneys. Ric