Flower Mound, TX asked in Criminal Law for Texas

Q: If two people are order to pay restitution how can you get it divided between the two

They have it where if something happens to one person the other is responsible for the whole restitution. How can I get it where it is divided between the two defendant's?

Related Topics:
2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: I would have to review the order, but you are probably both jointly and severally liable for the restitution amount. This means that the key is to repay the injured party, so one person ordered to pay can be forced to pay the entire restitution amount if no payments are made by anyone else ordered to pay. Talk with your lawyer. Good luck.

Kiele Linroth Pace and Tim Akpinar agree with this answer

Mark Ryan Thiessen
Mark Ryan Thiessen
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: It's usually left up to your lawyers. Don't take the deal if you aren't willing to pay that back. If the other party is solely to blame, then get your lawyer to communicate that to the DA and see if they will charge the other guy with all of the restitution. But remember, your co-defendant's lawyer is going to be arguing against you that you should split it. Alot of the times the DA just splits the baby and makes yall both pay the same. If you don't like the deal, you can always go to trial. But often, it's just your co-defendant screwing you over again and the DA not wanting to get in the middle of it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.