Legal Question in Criminal Law in Wisconsin
Probation Discharge
I am about to be discharged from probation after 10 years for a crime I committed when I was 17 years old. I will have a judgement of about $500,000 placed on me for this crime. My criminal partner is still on probation for another 4 years. It was an Arson/Burglury -Party to a Crime Charge. Do I have any way of negotiating a lower restitution amount or even going for 1/2 the total cost?
1 Answer from Attorneys
Restitution Judgment Following Probation Discharge
Restitution Judgment Following Probation Discharge
Although I cannot answer your question anonymously, codefendants who pay more than their share of restitution have a right to sue other participants in the crime for "contribution," which roughly means reimbursement. However, failing that, codefendants remain jointly and severally liable for 100% of the debt to the victim until the victim is paid in full. Such obligations are not dischargeable in chapter 7 bankruptcy, although they can sometimes be modified slightly in chapter 13 bankruptcy filings. One can always negotiate with the party to whom the money is owed, although there is not much likelihood of success unless the offer includes a large lump sum payment. Many parties to whom money is owed will compromise once a large amount of cash becomes available.
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