Lohrke Law

Can Rights be Restored if Money is Still Owed in a Case?

In our experience all fines, fees, and restitution must be paid off before people can set aside a conviction. A reduction requires at a minimum to be up to date with a payment plan. The laws do not explicitly discuss money owed, but they do discuss complying with the sentence of the court, which arguably involves paying fines, fees, and restitution owed in the case.

It is too easy an argument for the prosecutor that the defendant has not paid what was ordered by the judge at the time of conviction.

There is the possibility for some relief. Bankruptcy can take care of some fines and fees, but generally not restitution.

Judges have discretion in these matters and can easily agree with the prosecutor’s argument about money owed. In order to have the best chance at our clients’ rights restoration cases, we generally advise them to clear up financial matters with the court before we get started.