Hi, i am 17 years hold. Me and my friend got into a situation from slashing someones tires. The court ordered us to pay $274 for restitution, me and my friend had to split the restitution 2 ways which will be $137 each. I have payed my half of the restitution, but my friend has not we have our last adjournment tomorrow. What will most likely to happen to me if my friend doesn't pay his half of restitution and what will happen to him? Would i get the same discipline as him even though i payed my half of the restitution already? Please email me as soon as you can due to me having to appear in court tomorrow at 3pm Monday
The answer depends on how your case was resolved, and if it was resolved.
For instance, if you ALREADY pleaded guilty, and as part of the plea the judge ordered you to pay restitution, then it would have happened in one of two ways: first, the judge could have said "you pay your half and he pays his half". Or, the court could have said "the total restitution is $274, and I don't care who pays what part, as long as a total of $274 gets to the victim (that's called "joint and several" restitution). If it was the first one, you're all set. If it was the second one, the judge could take the position that you still owe another $137 to the victim, and you'll have to collect it on your own from your friend. The Judge could also take the position that you've violated the terms of the plea deal, and (theoretically) put you in jail. Most judges just want the victim to get the money back, so that's unusual in my experience.
Or, if you HAVE NOT YET pleaded guilty, but as part of the plea the judge will order you to pay restitution, then the same two ways as above could still happen, but the judge might give you another adjournment to try to put the money together (or get your friend do it).
You need to talk to your attorney to see what actually happened. Good luck at court, and with your friend.
There's really nothing I can add to what my colleague from Troy said, except that you should bring whatever proof you have that you made restitution with you to court. While it's possible the judge could apply the other half of the restitution to you, as earlier mentioned, you want to create the impression on the court that you've accepted responsibility and that you shouldn't be held responsible for your friend's obligation. The judge MAY be sympathetic to your explanation and hold your friend's feet to the fire; let him. While your co-defendant may also be your friend, your friend is also proving his value, or lack thereof, by not having made restitution to this point.
The restitution order by the Judge will control. If the judge said each of you pay half, your okay.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
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