Legal Question in Criminal Law in Minnesota

Restitution and State and Federal Returns.

My son was charged with aiding and abetting a third degree burglary and it mentioned he was an adjudicated delinquent. I don't understand what an adjudicated delinqeunt means. Also, there were 2 other young men involved in this crime, one was also 17 as was my son and one was 18. The other two individuals had previous convictions for burglary and had prior restitutions that were large. The judge told my son that he could expect to pay the restitution in full for this crime because the other two had prior restitutions to pay and that they go in order of the crime. Is this true? Also my son has paid $1000 of the $4500 restitution in the past 6 months. His State refund had been recaptured for the restitution. Can they also recpature the federal return? This is actually 3 questions in all. Adjudicated delinquent, responsible for full restitution and can federal refund also be recaptured.


Asked on 2/07/06, 7:09 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Restitution and State and Federal Returns.

An "adjudicated delinquent" is a juvenile whom a court had adjudicated to have committed a delinquent act, either as a result of a guilty plea, or a trial in juvenile court. If it were an adult criminal charge, the equivalent language would be "a convicted person."

Generally criminal co-conspirators are jointly and severally liable for restitution to their victims. You can research the legal meaning of "joint and several liability." Simply put, it means that each of them are liable for the entire amount, not an apportioned amount. If one were to pay the entire amount, and the other two paid nothing, then the one who paid it all could bring a civil lawsuit against the other two for their appropriate shares.

I do not know the legal mechanics of how or whether tax refunds can be withheld to pay restitution, without researching it.

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Answered on 2/08/06, 1:29 pm


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