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Question regarding joint and several

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phemale

Junior Member
Iowa

My son was charged as an adult for a tire slashing incident. He plead guilty, and had with him a minor who was also charged. They had each slashed a tire. When I went to the courthouse to get the final balance on his bill, I was told there was no joint and several filed, and that he was the only one showing as the guilty party.

Several phone calls later, including to juvenile court services, showed that the victim had not submitted a victim impact statement on the minor, but had on my son. The girl was sentanced to some community service.

The total outcome of 2 slashed tires, one of which my son had done, and the other the minor had done, came to $1100.00, which my son is expected to pay completely.

I did attempt to contact the attorney that handled the case, and of course, this week he is on vacation. My son is going to Job Corp as soon as these fines are taken care of, but, as a high school student, outside of quitting school, it will take a very long time to pay them off. I am flat out too poor to help him with these fines.

My question is, is there any way I can get the minor or her family to assist in paying any of these fines? She did plea guilty to the charges, i guess, its just because the victim chose not to do the victim impact statement that she is not on the court papers. This girl also said that my son said he would stab her with the knife if she did not slash one of the tires herself, which in a lie detector test she admitted to being a false claim. So is he stuck with no out? or is there something we can do to get the other slasher to pay up?
 


FlyingRon

Senior Member
Your son was guilty in the damage of both tires. He participated in it even if he didn't stick the knife in the second tire. The law doesn't say that the restitution needs to be equitably charged across all the guilty parties (and in fact since one is a juvenile, it could be hard to do so). If the other child or her parents want to be ethical they'd contribute but there is nothing you can do to make them.

By the way joint and several means that they can go after them together or indivdually for the full amount (their option).
 

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