Restitution, Modification Not So Easy

In the Rhode Island Supreme Court’s order in State v. Rosenbaum we are reminded the standard that the Court uses to determine whether restitution should be reduced and that that she was unable to make restitution.  Although defendant argued that her Social Security could not be used to pay restitution, the Superior Court found defendant had sufficient assets that she could divest herself of to make restitution payments if she wanted, including a vehicle she no longer used but was paying the bank note, insurance and taxes.  Ironically, the court pointed out that while she was making allegations of inability to pay restitution, she was living in a $1.3 million dollar home and was paying attorney fees. See Order at: State v. Rosenbaum