Legal Question in Criminal Law in Washington
Reckless Endangerment and Restitution?
My 17 yr old son was in a car and pulled the E brake. Is being offered Diversion court instead of Criminal court. He has to write essay and then pay restitution to the owner of the car for damages. Car has blue book value of apprx. $1500 they purchases for approx $1200. They gave court est. of damages of $3345. An that is what they are saying my son has to pay. Should he chose not to go Diversion and go ahead and let them take it through the court system? Why would we have to pay over what the car is worth? Should we keep it under diversion and then he can clear it from his record in two years or should we fight this in court (if it made it to court, using possible plea bargin).
1 Answer from Attorneys
Re: Reckless Endangerment and Restitution?
Your son will most likely be better off staying with diversion and avoiding the possibility of criminal prosecution.
He should contact juvenile probation services and inquire about having the diversion board review the restitution estimate.
Your son has the right to be represented by an attorney in the diversion process, and to have an attorney appointed if he cannot afford to retain counsel (although he may have to repay attorney fees). An attorney who reviews the case and applicable law can advise your son in deciding whether to accept diversion.