Legal Question in Criminal Law in Texas

Three years ago my son and another kid were charged with felony vandalism to some cars. Part of the plea bargain was restitution in the total amount of $10,000 to be paid off by both kids. My son has stayed out of trouble, is working and has been making monthly payments for nearly 2 years. His probation is now almost over but, the other kid has remained in trouble and has been in jail most of this same period. My son's probation officer is now telling him that he will continue to be on the hook for the entire amount of the restitution until it has been paid in full. Meanwhile, the other kid lounges around on a prison cot. Does this sound correct? Seems to us that our son's portion of his debt (financially, as well as to society) has been paid in full.

Thank you very much!

-CDT


Asked on 6/27/10, 11:58 am

1 Answer from Attorneys
TC Langford Langford Law Office

His probation officer is correct. Usually the order is joint and several, meaning that both boys are responsible for the full amount of restitution (although the victim can only collect the total amount once). Sometimes the court will allow termination of probation despite monies owed in restitution. Also sometimes the court will extend probation for restitution purposes only. Talk to a criminal defense lawyer in your area.

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Answered on 6/28/10, 9:36 am


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