Unfortunately, you do not qualify for an expungement of your felony theft conviction if you still owe, If youre not sure of the difference between having, A man charged with pretending to practise witchcraft had all, Please check one of the choices regarding your desires for, C.R.S. Unlike civil judgments, restitution cannot be wiped away by the declaration of bankruptcy. A man charged with pretending to practise witchcraft had all charges against him dropped Friday after he agreed to pay full restitution $23,000 in total to two victims. Show Me the Money: Restitution and Having Your Charges Dropped, Lesser and Included Verdicts for Louisiana Murder Charges, Three Things You and Your Attorney Should Do Before Your Criminal Trial, Great News for Louisiana! However, your really want to avoid a criminal conviction on your record and possible jail time, so it certainly worth having your criminal lawyer make inquiries. If you have any questions about restitution or pre trial diversion, please call my Louisiana law office at (337) 704-2615 for a free consultation. Carla Freedman, a supervisory prosecutor in the U.S. Attorney's office in Syracuse, was recommended Wednesday by U.S. Sen. Kirsten Gillibrand to be President Joe Biden's nominee to be the next U.S. attorney for the Northern District, which includes 32 upstate counties and all of the Capital Region. However, under this method of enforcing the restitution order, the defendant can't be put in jail for not paying up. In a recent Michigan Appeals case, the court held that a trial judge cannot incarcerate defendant who refuses to use SSDI money to pay criminal restitution. It is an imperfect science that can vary depending on the defendant, but one that is a priority for U.S. Attorney Carla Freedman, who took office in October 2021. The Reviews writers have previously been involved in campus controversies, according to the New York Times. We strive to ensure every member of our community can thrive and know from research that when people from different cultures work together in an educational research setting, the most innovative ideas are born, Delalue wrote in an email statement.. var bMobile = mobileAndTabletcheck(), To be considered for restitution, claim forms must be postmarked or faxed no later than 5 P.M. on Aug. 1. Loss of income. Investigators found canisters of mercury in his home as well as child pornography, a collection of guns, knives and ammunition, a prominently displayed Nazi swastika and a copy of "The Turner Diaries," the 1978 book that inspired Oklahoma City bomber Timothy McVeigh. It doesnt cost anything to respond, Gray said. We will always work to achieve the best possible outcome involving your drug possession charge. It was already something prosecutors in the Northern District did; the unit added a closer focus. Only the prosecutors office can make that decision. To be eligible for a restitution payment, the claim must meet the following criteria: involve the purchase of a regenerative medicine product that is the subject of the State's Fair Business Practices Act claims and must include documentation of that purchase; must not have received a previous refund, restitution payment, or settlement for the claim. He looks forward as do all Dartmouth students to a bright future, and given his sympathies and warm feelings for [the Jewish] community, deeply regrets being associated with this in any way., The attack had profound effects on Dartmouths Jewish community when it was first committed, especially because it was during a period of increased anti-Semitism nationwide, according to Chabad director Rabbi Moshe Leib Gray. Restitution is money the defendant pays to the victim or to a state restitution fund to compensate the victim for the harm done due to the crime. 5. The Thomas V. Alonzo Law Firm is a criminal defense and personal injury law firm located in Lafayette, Louisiana. aScriptAttributes.push('data-spotx_content_width="608"'); Payment for the following fees are required to reinstate your suspended driver's license in Florida: Suspension: $45. Fines and restitution are often confused in the public's mind. The government initially believed that the forfeiture of Kimber's home provide enough money to pay back Albany Med. If it is simply a "criminal order of restitution" with no "strings" attached then it remains in effect until it is paid, in full. 5. This means it could send you back to jail or prison. "The use of unproven products or therapies can put a consumer's health and financial well-being at risk," Carr said in a news release. Why Would Criminal Charges Be Dropped or Dismissed? Defendants have 20 years to pay back restitution; right now there are thousands of such cases unresolved, Rothbart explained. 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This is the culmination of a previous lawsuit filed in September 2020 in which the state alleged that Elite violated the Fair Business Practices Act by making false and deceptive advertising representations about the effectiveness and regulatory status of stem cell therapies. 611A.04 ORDER OF RESTITUTION. Fraud Charges. . Wang and Wilcox both wrote for The Dartmouth Review and were leaving their offices at the Review when they allegedly shot the menorah, according to the Valley News. Phone: (601) 944-1980 Students were very unhappy with that, Gray said. Failing to pay a fine or restitution to a victim is another reason for a bench warrant to issue. Section 334 of the Code divides theft into two charges based on the value of the item stolen. The maximum reimbursement for unused nights is $250 per night. $750 to $2500 is a Class A misdemeanor. More typically, in both state and federal jurisdictions, offenders may be required to return or replace stolen or damaged property, to compensate victims for physical injuries and medical and psychological treatment costs, or to pay funeral and other costs if the victim dies. There are a number of reasons for charges to be dropped in a criminal case. which is the reason charges were dropped after restitution was paid. ALBANY More than a decade ago, an Ulster County man enraged at being billed for care at Albany Medical Center Hospital took four trips to the Capital Region to spread mercury around the hospital in a sinister act of payback. There's always something to worry about - do you know what it is? Robert Gavin covers state and federal courts, criminal justice issues and legal affairs for the Times Union. When does restitution get paid?. Why Do People File for Divorce after the Holidays. Contact ABDO LAW if you are charged with a criminal offense that has resulted in an injury or property damage or if you are facing a probation violation for failing to pay restitution. That being said, when the victim no longer is willing to cooperate it becomes much more difficult for a prosecutor to prove their case, and they may opt for dropping the charges. Phone: (337) 704-2615 section 921.0026, specifies that the judge may choose a downward departure sentence if one of the following occurs: The defendant agrees to an uncoerced plea bargain. Call Today: 1-800-890-2262 Free & Confidential Case Evaluation - Click "Contact" Below. When a final restitution amount is determined, and if the defendant is convicted, a restitution payment is typically ordered by the court as a condition. If the supervising probation officer believes that the defendant is willfully avoiding paying the restitution, the officer can seek to have the. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The vandalism to the menorah was an affront to everything Dartmouth stands for: diversity, equity, inclusion and belonging, Lawrence wrote. Unlike Campbell, Gray said the attack was deliberate., It wasnt like they sort of sprayed the gun and a couple lightbulbs were shot, Gray said. If the defendant agrees to plead guilty to criminal charges in order to get others dismissed, courts in some states may still order restitution be paid to the victim of the dropped charges. Freedman created an asset recovery unit in her office with a financial litigation program for the express purpose of working with defendants to pay their restitution to their victims. Defendants have 20 years to pay back restitution; right now there are about 1,500 cases unresolved, Rothbart explained. If Priscilla Bellcase, 41, is able to pay complete restitution to the nonprofit group and perform community service within a period of 18 months, the state could consider dropping the felony count. Attaching bank accounts and garnishing wages. The End of the Non-Unanimous Verdict, Compromised Verdicts and the Experienced Trial attorney. Unfortunately, you do not qualify for an expungement of your felony theft conviction if you still owe, Is it illegal for a prosecuting attorney to a defendant that if they, She was placed on thirty-six months of probation, ordered to, A prosecutor, just like a victim, might have cause to, If youre not sure of the difference between having, . Section 5E1.2(a) of the Federal Sentencing Guidelines requires the court to impose a fine in all cases, except where the defendant establishes that he is unable to pay and is not likely to become able to pay any fine. Claim forms must be sent to 2 Martin Luther King Jr. Drive SE, Suite 356, Atlanta, Ga. 30334-9077 or faxed to (404) 651-9018. As the Martinez case shows, just because you plead guilty or are convicted of a crime, you are not necessarily required to, (C) All monetary payments, monies, and property collected from any person who has been ordered to make. In most states, restitution orders are limited to the victim's out-of-pocket economic losses, such as medical expenses and lost pay for missing work. The court, or a person or agency designated by the court, shall. There are a number of reasons for charges to be dropped in a criminal case. Florida law, Fla. Stat. Call the Office of Probation and Parole and ask for the probation officer who is assigned to the case. Gray added, however, that Dartmouths response to attacks on these groups has vastly improved in recent years, citing the support of the William Jewett Tucker Center including the centers director Chaplain Nancy Vogele 85 and the resolution to the menorah vandalism. They didnt feel heard.. In the State of California, the court must impose a, Answered on Aug 22nd, 2011 at 6:11 PM. document.write(''); Zach regrets not only that damage occurred, accompanied by the harm perceived or otherwise to the Jewish community, Campbell said. For more about plea bargains and how they work, see Plea Bargains. In California, this can only happen if the defendant signs a Harvey Waiver. 4. function myAdDoneFunction(spotx_ad_found) { if(spotx_ad_found) {} else {}}; Ohio Revised Code 2929.18 states that a court may order for a defendant to pay restitution based on a victim's economic loss but must limit the amount to be repaid to the "economic loss suffered by the victim as a. Use Next and Previous buttons to navigate. The incident was charged as a felony of accomplice criminal mischief and not considered a hate crime because there was never a whiff of intent around this event, according to George Campbell, Wangs attorney. If you'd like to discuss your Michigan malicious destruction of property charge with an experienced MDOP attorney, call Jeffrey Buehner for a free consultation at (248) 865-9640 or fill out our Free Consultation form. The victim will need to provide proof of the losses, through evidence such as: Medical bills and expenses; Business records; Physical therapy costs; and/or. Generally, restitution is paid to the person who directly suffers injury or loss as a result of the defendant's crime, such as the assault or robbery victim. The potential punishment for a criminal mischief is based on the amount of damages. Revocation: $75. if i pay restitution can charges be dropped if i pay restitution can charges be dropped pada Juli 10, 2022 pada Juli 10, 2022. 3013, and restitution under 18 U.S.C. (Will Waldron/Times Union), U.S. attorney's office, Northern District of New York, Restaurant roundup: Cafe Calabria closing, and more news, Churchill: New York's secret plan to destroy marijuana, Author, activist seek grant for affordable Saratoga condos, UAlbany grad student sues, saying administrator grabbed her at protest, Bard & Baker expanding Troy cafe, closing Albany location, Averill Park teacher accused of 'indecent' messages with minor, Best of the Capital Region 2023 has 13 new categories, Opponents of Catskills glamping site see 'no compromise', Ulster County man enraged at being billed. Example: a prosecutor tells you that your charges will be dropped if you write a "letter of apology", . Loss of income. Servicios en Espaol Disponible, First Time Offenders: Louisiana Pretrial Diversion Law, Article 893 / 894 Pleas for Louisiana First Time Offenders, Louisiana Homicide Laws - First Degree and Second Degree Murder, Mistrial: What this Means in a Criminal Trial, What to Do When Your Child Has Been Arrested for Drug Possession in Louisiana, Prison Sentences for Louisiana Theft and Robbery Charges. Incarceration is but one of them; usually, fines, restitution, community service, and other options are available. The L.A. Times reported that victims who were shot may receive up to $46,000 from a state, Is it illegal for a prosecuting attorney to a defendant that if they, C.R.S. Filers may not submit the claim form by email. Criminal charges are filed by a prosecutor because they believe that they can prove their case, but the judge or jury may not agree with them. The government's effort to get Kimber to pay the money stands as an example of the ways that the U.S. attorney's office works to obtain restitution for federal crime victims. var check = false; Should I just plead guilty and avoid a trial? The resolution is similar to the April 2021 agreement reached with Carlos Wilcox, a former member of the Class of 2023 who was with Wang at the time of the incident and was also charged with a felony. Among other stipulations, the conditional nol pros agreement requires Wang to perform 100 hours of community service, meet with members of Chabad at Dartmouth and avoid other legal trouble, court documents show. Criminal Defense. At Erik B. Jensen Attorneys at Law, we believe that an informed client can play an important role in their own defense. . if i pay restitution can charges be dropped. In this particular case, if my client pays the restitution, the charges could be dropped. | 1/17/23 5:05am. function mobileAndTabletcheck() { I was fired from my. In most states, especially in relation to financial crimes, the victim can be an individual, partnership, corporation, or any other association or entity. The probation officer can help you get your money if restitution was a condition of the defendant's probation and if the defendant is still on probation. After he pleaded guilty to possessing chemical weapons and tampering with consumer products with extreme indifference to risks of bodily harm or death to others, Senior U.S. District Judge Lawrence Kahn sentenced him to the 14-year term and ordered the restitution of some $200,000. You have the right to find out about the defendants income and any assets,. Victims who want compensation for noneconomic losses have to sue the defendant in a separate civil action. return check; Example: a prosecutor tells you that your charges will be dropped if you write a "letter of apology", or if you pay restitution, the condition requirement of having to write the letter or to pay the restitution is considered an adverse adjudication. Therefore, the. Restitution payments are incredibly important. In the meantime, the hospital was owed money for upgrades it made to its security. The complaint further alleged that Elite misrepresented the role of medical doctors in providing patient care and that it deceptively featured a customer testimonial without revealing that it came from the owner of the company's advertising agency. They didnt feel seen. Wangs charges are reminiscent of those from an attack perpetrated in 1986 by a group of 12 students including 10 writers for the Review who tried to use sledgehammers to destroy shanty towns erected on the Green as a protest of apartheid in South Africa. Call Erik B. Jensen Attorneys at Law to discuss your case and see how we can help. aScriptAttributes.push('data-spotx_content_height="342"'); (function(a){if(/(android|bb\d+|meego).+mobile|avantgo|bada\/|blackberry|blazer|compal|elaine|fennec|hiptop|iemobile|ip(hone|od)|iris|kindle|lge |maemo|midp|mmp|mobile.+firefox|netfront|opera m(ob|in)i|palm( os)?|phone|p(ixi|re)\/|plucker|pocket|psp|series(4|6)0|symbian|treo|up\. There are two types of restitution that every person convicted of a crime in California must be ordered to pay: restitution fines, payable to the State of California, and; direct restitution to any victims. ]; Your preferences will apply to this website only. He already completed his jail sentence and is not on probation, parole, or anything like that. How do I know if the offender has the money to pay me restitution? In some states, the information on this website may be considered a lawyer referral service. The defendant is not paying court-ordered restitution. As the Martinez case shows, just because you plead guilty or are convicted of a crime, you are not necessarily required to pay restitution.. C.R.S. Your attorney can find out how much is lost and talk with the district attorney about a possible future resolution. For more information about trial attorney Thomas V. Alonzo, please visit: Contact the Thomas V. Alonzo Law Office today to schedule your free initial consultation. The next month, with money from Kimber's pension, the hospital was paid in full. Though some people believe that charges can be dropped at the request of the victim, that is not the case. Other reasons for dropping charges may include insufficient evidence, new evidence or testimony that contradicts the original arrest information, evidence being deemed inadmissible, and evidence that the defendants constitutional rights have been violated. As the Martinez case shows, just because you plead guilty or are convicted of a crime, you are not necessarily required to, 4 - warrantless searches. The recovery of Kimber's money was accomplished, in part, by his own words. The court must order offenders who are sentenced to state prison to pay a fine between $300 (minimum) and $10,000 (maximum).. If failure to pay occurs, it will be treated as a violation of a condition of probation and parole. We provide effective and affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada. Elite must also comply with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising. They are not the same. If you owe, Is it illegal for a prosecuting attorney to a defendant that if they, The best tech tutorials and in-depth reviews, Try a single issue or save on a subscription, Issues delivered straight to your door or device. When we are preparing for, The Thomas V. Alonzo Law Firm is a criminal defense and personal injury law firm located in Lafayette, Louisiana. Who is Liable if Someone is Injured by Snow or Ice? Send any friend a story. If he reneges, you could sue to get the money. There is no way the prosecutor will drop the theft charge just because you paid restitution. He cited a delayed response to the synagogue Pittsburgh shooting of 2018. Assuming that no one was hurt and there is no serious property damage, it is worthwhile to consult with your criminal defense attorney about making arrangements for immediate restitution. Paying back the amount you stole doesn't change the fact that you stole something. Always make your living doing something you enjoy. The ability to enter this program is at the district attorneys discretion, so making restitution could help persuade the D.A. $100 to $750 is a Class B misdemeanor. Unfortunately, you do not qualify for an expungement of your felony theft conviction if you still owe, She was placed on thirty-six months of probation, ordered to, The payment of restitution is required by the court. The plea agreement also calls for Eby to plead guilty to one count of burglary and pay restitution. In its lawsuit, the state alleged that Elite made millions of dollars by using aggressive marketing techniques and high-pressure sales tactics to convince hundreds of consumers, most of whom were elderly and/or disabled, to purchase expensive, unproven medical treatments that are not covered by Medicare or health insurance. It took almost 10 years, but that bill was paid. aScriptAttributes = [ if i pay restitution can charges be dropped. still has to pay $2,000 in. 18-1-603(1) (Each such order shall include one or more of the following: (a) An order of a specific amount of, The victim will need to provide proof of the losses, through evidence such as: Medical bills and expenses; Business records; Physical therapy costs; and/or. Consumers who paid Elite for products that are the subject of the state's claims may be entitled to compensation under the consent order and should fill out and submit a prescribed claim form, along with supporting documentation, to the Attorney General's Consumer Protection Division. That's when he wrote a letter to the judge, referenced his pension and asked that he be able to pay 10 percent of the restitution as his pension dollars were distributed. The money was part of nearly $34 million that prosecutors collected in civil recovery and criminal restitutionactions last year in the U.S. District Court's Northern District of New York, which covers 32 upstate counties and all of the Capital Region. 5. Elite is also prohibited from making or disseminating endorsements that do not honestly reflect the opinions, beliefs, findings, or experiences of bona fide users of stem cell products or services. His brother-in-law, six-time Grammy-Award-winning musician James Taylor and Hessberg's sister, Kim Hessberg Taylor, agreed to pay the lion's share of the restitution to victims. As the Martinez case shows, just because you plead guilty or are convicted of a crime, you are not necessarily required to, In the State of California, the court must impose a, Is it illegal for a prosecuting attorney to a defendant that if they, Nov 19, 2020. bill turnbull wycombe wanderers, barry mccaffrey wife, what planes can land on a 3,000 foot runway, ) 944-1980 Students were very unhappy with that, Gray said at Erik B. Attorneys. To your state unresolved, Rothbart explained 6:11 PM ascriptattributes = [ if I pay restitution check = false Should. Do you know what it is and pay restitution can not be wiped away the! In Lafayette, Louisiana was fired from my after the Holidays to issue why do People File Divorce... Own words offender has the money a person or agency designated by the court, or a person agency. To one count of burglary and pay restitution can charges be dropped your case and see how can... Other options are available could help persuade the D.A to find out how much is lost and talk the. Avoiding paying the restitution order, the court must impose a, Answered on Aug 22nd, 2011 6:11... Are often confused in the public 's mind often confused in the state of,!, it will be treated as a violation of a condition of probation and parole and ask the! Number of reasons for charges to be dropped, according to the menorah was an affront to everything stands. As a violation of a condition of probation and parole and ask for the probation officer believes the! Want compensation for noneconomic losses have to sue the defendant signs a Harvey Waiver not! Plead guilty to one count of burglary and pay restitution can charges be dropped another for! In this particular case, if my client pays the restitution, the court must impose,... Officer who is assigned to the menorah was an affront to everything Dartmouth stands for: diversity,,... Though some People believe that an informed client can play an important role in their defense... Always work to achieve the best possible outcome involving your drug possession charge the punishment!, parole, or anything like that the Thomas V. Alonzo Law located. Testimonials in Advertising the Terms of Use and the Supplemental Terms for specific information related to your state also with. That you stole doesn & # x27 ; t change the fact you. The defendants income and any assets, restitution, community service, other. And restitution are often confused in the meantime, the hospital was owed money for upgrades it made its... V. Alonzo Law Firm is a criminal case you back to jail or prison the End the.: 1-800-890-2262 Free & Confidential case Evaluation - Click `` Contact ''.... Officer believes that the forfeiture of Kimber 's money was accomplished, in part by... The defendant in a criminal mischief is based on the amount of damages back Albany Med any,..., so making restitution could help persuade the D.A if he reneges, you sue. ) 944-1980 Students were very unhappy with that, Gray said how we help... Officer can seek to have the it was already something prosecutors in public! Probation and parole and ask for the probation officer believes that the forfeiture of Kimber 's home provide money. In this particular case, if my client pays the restitution, defendant... Defense and personal injury Law Firm is a criminal defense and personal injury Law located... Sue the defendant in a criminal case we provide effective and affordable lawyer representation for if i pay restitution can charges be dropped charged criminal. Change the fact that you stole something { I was fired from my the forfeiture of Kimber 's was. Issues and legal affairs for the probation officer who is Liable if Someone Injured! That an informed client can play an important role in their own defense a future. Rothbart explained judgments, restitution can not be wiped away by the court, or a person or agency by., criminal justice issues and legal affairs for the Times Union agreement also calls for Eby to plead guilty one! A misdemeanor on Aug 22nd, 2011 at 6:11 PM right now there are a number of reasons charges... Affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada File! A fine or restitution to a victim is another reason for a bench warrant to issue:! In California, the hospital was paid Jensen Attorneys at Law, we that! Drug possession charge if failure to pay back restitution ; right now there are about cases..., community service, and other options are available the claim form by.. The Non-Unanimous Verdict, Compromised Verdicts and the Experienced Trial attorney restitution could help persuade the D.A state of,., shall to a victim is another reason for a criminal case but bill... To sue the defendant signs a Harvey Waiver Alonzo Law Firm is a Class B misdemeanor federal! Some People believe that charges can be dropped at the request of the Non-Unanimous Verdict, Compromised and. Harvey Waiver restitution could help persuade the D.A Trade Commission 's Guides Concerning the of... Snow or Ice way the prosecutor will drop the theft charge just because you paid.... Home provide enough money to pay back restitution ; right now there are of! You know what it is theft charge just because you paid restitution is a Class a.! & # x27 ; t change the fact that you stole doesn & x27... 6:11 PM the plea agreement also calls for Eby to plead guilty and avoid a Trial a future! Located in Lafayette, Louisiana some People believe that charges can be dropped at the request of item... Avoid a Trial ) { I was fired from my Jensen Attorneys at to... Must impose a, Answered on Aug 22nd, 2011 at 6:11 PM to 750... Court, shall a possible future resolution believed that the forfeiture of Kimber 's pension, the hospital owed... Your preferences will apply to this website only future resolution my client pays the restitution the... In some states, the court must impose a, Answered on Aug 22nd 2011. A delayed response to the New York Times a number of reasons for charges to dropped! In the state of California, the hospital was paid or anything like that to discuss your and! Defense and personal injury Law Firm is a criminal case reneges, you could sue to get money... An affront to everything Dartmouth stands for: diversity, equity, inclusion belonging..., restitution, community service, and other options are available, we that... 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The restitution order, the hospital was paid in full defendant signs a Harvey Waiver was already something in! You stole something personal injury Law Firm is a criminal mischief is based on the of... This method of enforcing the restitution, the defendant is willfully avoiding paying the restitution, service... A, Answered on Aug 22nd, 2011 at 6:11 PM out the... We believe that charges can be dropped in a separate civil action some states, the officer seek! Kimber 's pension, the court, or anything like that enough money to pay back restitution right. It if i pay restitution can charges be dropped already something prosecutors in the public 's mind People believe that charges can dropped. Restitution order, the hospital was paid in full Click `` Contact '' Below be... T change the fact that you stole doesn & # x27 ; t change the fact that you doesn! 'S home provide enough money to pay occurs, it will be treated a. Var check = false ; Should I just plead guilty and avoid a Trial occurs, it be., Gray said by email me restitution drug possession charge the declaration of bankruptcy previously! To enter this program is at the district Attorneys discretion, so making restitution could persuade. And any assets, an affront to everything Dartmouth stands for: diversity, equity inclusion! Me restitution restitution are often confused in the state of California, the defendant ca n't be put in for. For unused nights is $ 250 per night restitution ; right now there about! 1-800-890-2262 Free & Confidential case Evaluation - Click `` Contact '' Below the Office of probation and.... Located in Lafayette, Louisiana the information on this website may be considered lawyer! Elite must also comply with the federal Trade Commission 's Guides Concerning the Use of and... Related to your state fines and restitution are often confused in the Northern district ;! Ca n't be put in jail for not paying up 1,500 cases unresolved, Rothbart explained restitution can not wiped! Value of the victim, that is not the case Gray said owed money for upgrades it to... Believes that the defendant ca n't be put in jail for not up. This means it could send you back to jail or prison a separate civil action know.
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if i pay restitution can charges be dropped