Q: hello. thank you for your time. My friend (and 2 co-defendants) was charged with and convicted of theft charges in 2006.
All of their sentences included jail time, however my friend recently became aware that he is the only one who was ordered to pay restitution, which he has done consistently each month since his release. Is there a method by which he could appeal to the judge/court for a reduction or perhaps forgiveness relating to the remaining amount owed?
A: When co-defendants are convicted of a crime, restitution to a victim is ordered on a 'joint and several liability' theory; that each defendant is responsible for the total amount due- to be collected from whomever has the ability to pay. He could sue his co-d's to pay their share, but the courts are not likely to reduce or forgive any amount if it means a victim won't be compensated. I think I'd make a pitch to terminate probation early, and reduce fines if my client paid more than his share and made the victim whole.
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