Minimizing Restitution



Because federal sentencing guidelines often incorporate fines and restitution, the financial portion of a criminal sentence can often be just as onerous as the amount of time that you may have to serve in prison or on probation. Large restitution orders may affect you for the rest of your life. Restitution orders are not discharged in bankruptcy. Federal judges not only have the ability to force you to repay the alleged victims of a crime, but they also have a number of tools at their disposal to collect the money that they deem you owe. The legal team at the Jacksonville Law Offices of Charles B. Lembcke, P.A. represents men and women who have been convicted of crimes and are facing a sentence with restitution. In many cases, attorney Lembcke has been successful in getting the federal courts to minimize or substantially reduce the amounts owed. Contact our Jacksonville office to discuss your case.

Federal Laws Affecting Restitution and Obtaining Reductions

Criminal defense attorney Charles B. Lembcke has over forty years of practice in the federal and state courts. He is experienced and knowledgeable in defending against the amount of restitution and the laws affecting restitution in federal criminal sentencing, including the Mandatory Victims’ Restitution Act and the Crime Victims’ Rights Act. Some of the arguments that attorney Lembcke has successfully employed to obtain restitution reductions include:

  • Failure of prosecution to prove loss for restitution
  • Miscalculations by the court as to the financial loss of the victim
  • The defendant’s inability to pay the amount of restitution on the prescribed schedule
  • Claims of innocent third parties on the defendant’s income (i.e. ex-spouses, co-parents)
  • Whether victim(s) are entitled to restitution

In order for the courts to determine a restitution amount, every dollar must be supported by evidence that it was part of the proceeds of a crime. Furthermore, there must be an injured victim who can demonstrate that he or she should be compensated. Attorney Charles Lembcke will make certain that the courts don’t “over-bill” you for your crime by demanding accountability for the money that you have been ordered to pay.

Criminal and Civil Defense Lawyer of North Florida

For over four decades, the Jacksonville Law Offices of Charles B. Lembcke, P.A. has been protecting the rights of men and women who have been accused of crimes at the state and federal levels. A substantial part of his practice is dedicated to sentence and restitution reduction. To schedule an initial consultation with one of Florida’s top criminal and civil defense attorneys at his Duval County law office, call (877) 355-5467.


Charles B. Lembcke has been recognized as one of the Best Lawyers in America in the area of white collar criminal defense.

SuperLawyers logo 20101

Our Office:

8550 Cathedral Oaks Place West      Jacksonville, FL 32217

Phone: (904) 355-5467