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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
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Can I negotiate restitution levels

Resolved Question:

When I was 17 years old a friend and I burnt down a business. We were given 10 years probation and each charged with the entire amount. On August 4th I will be discharged from probation after serving my 10 years flawlessly, my partner was given additional time for an unknown reason. What are my options?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Cowgirl Lawyer replied 8 years ago.
Hello,Customer

Before I can adequately answer your question, I need more information. What was the amount of damages, the amount of restitution owed? How much of that have you paid? How much has your co-defendant paid?

Thank you,

Customer: replied 8 years ago.
Total Restitution ordered was about $500,000, roughly broken down like this
$350,000 to private organization who owned the building (it was not insured)
$60,000 to fire department
a couple minor amounts of less than $10,000 each. I have paid about... $4,000 - $7,000. In that 10 years I have recieved a HSED, went to and finnished college, started a business and am doing "well" for myself but do not have the assets of the amounts above.
Customer: replied 8 years ago.
My partner has only paid under a $1,000 in 10 years. He still has 4 years probation left
Expert:  Cowgirl Lawyer replied 8 years ago.
Hello,Customer

Yes, it is likely that you can negotiate something. I'm sure, given the situation, that the victim would prefer something over nothing (not that the amount you have paid is nothing, but relative to the loss, it isn't a lot). And clearly, most young adults just starting out in life do not have $450,000 at their disposal. The prosecution will likely consult with the victims before agreeing to anything, so the negotiations will go slowly. But I think you can definitely work out a resolution to the matter. Meanwhile, show good faith by paying what you can.

Good luck to you!

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Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

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