Legal Question in Criminal Law in South Carolina
2 codefendants and I are being charged with grand larceny of $16,000. If we are all required restitution, will it be split evenly amongst us, or will the accesory recieve less? And if they fail to pay and I'm stiffed paying full restitution can I sue or take any other action?
1 Answer from Attorneys
Your question is hard to answer without being able to see the file or speaking with the prosecutor. Usually when more than one defendant is ordered to pay the same restitution, then its what is called "joint & several" liability. That means that everyone is responsible for the whole amount. That isn't always fair, but its often how the judge orders it. That means that everybody is responsible regardless of who pays what. The court doesn't care if one person pays 90% and one 10%, or if its 75% and 25%, or 50% and 50%, as long as it gets paid. I do not know enough about your case, so please do not rely on this as offical advise. Your attorney is the one that is in the best position to fill you in on this. Good luck.