An old buddy of mine were ordered to pay restitution that was joint and several however the DA messed up and asked for 80k for his case which the judge did not order him to pay, but when I went to court the DA admitted to making a mistake and asked for 8k in restitution which was ordered to be payed joint and several. So, my judge told me that I must pay $500 a month and if i miss a payment its 25 days in jail and wont substitute a payment. Can he do that and How can i get the other defendant to pay what he owes?
Criminal Defense Attorney
Joint and several means that you are both obligated to pay the entire amount owed. If he pays nothing, then you are required to pay it all. Restitution is frequently ordered "joint and several" when two or more people work together to commit an offense, and it is permissible for a court to do that. The theory is that the victim should be able to recover the money - even if the amount paid by one offender is more than his "share." You may be able to sue you friend civilly to recoup his portion of the debt. Good luck.
1 found this helpful
2 lawyers agree
Chapter 11 Bankruptcy Attorney
It sounds like the court already answered that: it can, and it did.
You may or may not be able to proceed civilly against your "buddy", but your success or failure will have nothing to do with your civil case.
1 lawyer agrees