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    Cody Nash's Avatar
    Cody Nash Posts: 5, Reputation: 1
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    #1

    Aug 28, 2008, 08:29 AM
    Criminal Damage to property 2nd
    Hey I'm new at this but I have a question.. I have been convicted of Criminal Damage to Property in the 2nd degree and got 5 years probation for it, and $1,277 in fines but there was 2 juveniles involved and they haven't went to court yet.. if they are convicted or plead guilty to the charges they got.. we are supposed to split the fines and restitution 1/3. But its been 3 years and they haven't went to court yet.. why is that? I mean I'm doing my punishment and paying and they haven't even been seen yet? So any comments..
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 28, 2008, 08:32 AM
    Quote Originally Posted by Cody Nash
    Hey im new at this but i have a question.. i have been convicted of Criminal Damage to Property in the 2nd degree and got 5 years probation for it, and $1,277 in fines but there was 2 juveniles involved and they havent went to court yet.. if they are convicted or plead guilty to the charges they got..we are supposed to split the fines and restitution 1/3. But its been 3 years and they havent went to court yet.. why is that? I mean im doing my punishment and paying and they havent even been seen yet?? So any comments..


    No three Defendants in the same case have to be treated equally - for whatever reason the Court is requiring you to pay one third. Was their sentencing a condition of your sentencing? I don't think so.

    I think I'd pay it and worry less about what they are doing/being asked to do. Now, if you are suddenly told to pay MORE than that third, then I'd worry about it.
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    Cody Nash Posts: 5, Reputation: 1
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    #3

    Aug 28, 2008, 08:37 AM
    Quote Originally Posted by JudyKayTee
    No three Defendants in the same case have to be treated equally - for whatever reason the Court is requiring you to pay one third. Was their sentencing a condition of your sentencing? I don't think so.

    I think I'd pay it and worry less about what they are doing/being asked to do. Now, if you are suddenly told to pay MORE than that third, then I'd worry about it.


    No I'm not paying 1/3 I'm paying everything by myself.. if they would have went to court of my lawyer said when they do go to court then we will all split it 1/3 and its been 3 years and still nothing.. I'm paying almost $3,000 about this and still nothing
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 28, 2008, 08:38 AM
    Quote Originally Posted by Cody Nash
    No im not paying 1/3 im paying everything by myself.. if they would have went to court of my lawyer said when they do go to court then we will all split it 1/3 and its been 3 years and still nothing.. im paying almost $3,000 about this and still nothing


    What State? I've NEVER heard of one Defendant paying all the restitution and the other Defendant/Defendants paying that first Defendant back - never.

    I do know that the Court does not have to handle all 3 Defendants in the same fashion - for that matter, they could charge only you and never touch them. Not saying it's fair but that is how it is in NYS.
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    Cody Nash Posts: 5, Reputation: 1
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    #5

    Aug 28, 2008, 08:47 AM
    Quote Originally Posted by JudyKayTee
    What State? I've NEVER heard of one Defendant paying all the restitution and the other Defendant/Defendants paying that first Defendant back - never.

    I do know that the Court does not have to handle all 3 Defendants in the same fashion - for that matter, they could charge only you and never touch them. Not saying it's fair but that is how it is in NYS.

    Georgia.. I mean I'm paying it all until they go to court and I have a feeling that I'm going to be paying the whole thing and they won't get nothing
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 28, 2008, 08:50 AM
    Quote Originally Posted by Cody Nash
    Georgia.. i mean im paying it all until they go to court and i have a feeling that im going to be paying the whole thing and they wont get nothing

    I learn something every day - I've never heard of anything like this. I've heard a person ordered to pay the whole thing. I've heard a person ordered to pay one third. I've never heard of a person being ordered to keep paying until either the other person is found guilty or it's paid up!

    FrChuck is in Georgia - maybe he'll come along and maybe he knows.
    Cody Nash's Avatar
    Cody Nash Posts: 5, Reputation: 1
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    #7

    Aug 28, 2008, 08:51 AM
    Quote Originally Posted by JudyKayTee
    I learn something every day - I've never heard of anything like this. I've heard a person ordered to pay the whole thing. I've heard a person ordered to pay one third. I've never heard of a person being ordered to keep paying until either the other person is found guilty or it's paid up!

    FrChuck is in Georgia - maybe he'll come along and maybe he knows.

    I know thanks for your answer though.. at least I know that I'm not the only one who thinks its wrong
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