If I was charged with criminal mischief and took a plea deal to pay half of the restitution as well as a fine, if the other defendent didn’t pay their share am I responsible?

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If I was charged with criminal mischief and took a plea deal to pay half of the restitution as well as a fine, if the other defendent didn’t pay their share am I responsible?

I was charged 5 years ago. My mother was also charged but never went to court and was never sentenced because she was incarcerated. Upon being released from jail she then fled the state and skipped out on all the charges. I am now being told I am responsible for all of the restitution even after being told I would have to pay half. I have given the county all information I have on my mother in hopes that they might find her and resolve this but that has yet to happen. Any advise would be appreciated as I want to get this matter put behind me and be able to move on from this.

Asked on December 18, 2012 under Criminal Law, Pennsylvania

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

It depends on the wording of the sentence.  If the sentence states that you are jointly and severally liable (meaning you and your mother are jointly responsible), then if she doesn't pay any of the restitution, then you can be stuck with the full amount.  If, on the other hand, the sentence stated that each of you are responsible for half of the restitution, then you would only have to pay 50%.


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