What is the name of your state? Tennessee
Over a year ago, my son (a juvenile) and a friend (an adult) were charges with assault and criminal trespassing. His friend had turned 18 two days before the incident so he was arrested and charged as an adult. The adult's trial was first. He was getting ready to leave for college so he plea bargained. He was put on probation and asked to pay full restitution for a damaged phone and a doctor bill within two weeks of the court date or he would go to jail. He says he paid the complete amount (approx. $300).
Months later my son went to juvenile court for the same charges. He was given probation but the DA requested we also pay the $300 for the phone because the plaintiff had not received any money from the adult courts. The DA said the man deserved to get payment and if the plaintiff did not receive the money from the adult court within a year of the adult defendent's sentencing than the juvenile should have to pay the money instead. The judge and our attorney said it was against the law to charge two people for full restitution but the judge said he would reconsider after a year has passed. Well the state record showed over half of the money paid to the court at the time of my son's initial hearing, it just hadn't been paid to the plaintiff. The adult defendent said he paid the amount in full within the two week period and in the past year he has not been contacted by the court at all. Can a DA of a juvenile court request the law to be bypassed and double restitution requested as a requirement of my son's probation so the plaintiff can receive damages?
Yes, I had an attorney represent my son at the trial and I know I should go to him. But every call I make costs me $40, on top of the $1,500 I already paid and since I was laid off from my job of 19 years four months ago I want to try and have the information to present myself at this hearing that was scheduled out of nowhere. The original hearing for review after the year was completed was taken off the books and we were never notified. We just received a letter of a new hearing in April.
Any and all help would be appreciated.What is the name of your state?
Over a year ago, my son (a juvenile) and a friend (an adult) were charges with assault and criminal trespassing. His friend had turned 18 two days before the incident so he was arrested and charged as an adult. The adult's trial was first. He was getting ready to leave for college so he plea bargained. He was put on probation and asked to pay full restitution for a damaged phone and a doctor bill within two weeks of the court date or he would go to jail. He says he paid the complete amount (approx. $300).
Months later my son went to juvenile court for the same charges. He was given probation but the DA requested we also pay the $300 for the phone because the plaintiff had not received any money from the adult courts. The DA said the man deserved to get payment and if the plaintiff did not receive the money from the adult court within a year of the adult defendent's sentencing than the juvenile should have to pay the money instead. The judge and our attorney said it was against the law to charge two people for full restitution but the judge said he would reconsider after a year has passed. Well the state record showed over half of the money paid to the court at the time of my son's initial hearing, it just hadn't been paid to the plaintiff. The adult defendent said he paid the amount in full within the two week period and in the past year he has not been contacted by the court at all. Can a DA of a juvenile court request the law to be bypassed and double restitution requested as a requirement of my son's probation so the plaintiff can receive damages?
Yes, I had an attorney represent my son at the trial and I know I should go to him. But every call I make costs me $40, on top of the $1,500 I already paid and since I was laid off from my job of 19 years four months ago I want to try and have the information to present myself at this hearing that was scheduled out of nowhere. The original hearing for review after the year was completed was taken off the books and we were never notified. We just received a letter of a new hearing in April.
Any and all help would be appreciated.What is the name of your state?