Legal Question in Criminal Law in Florida

as a result of a criminal case years ago myself and my co defendant were ordered to pay a specific amount of restitution and joint and several. While on probation I have paid off the entirety of my half of the restitution. However my co defendant has failed to pay any of his. I found out through the clerk's office that upon my completion of probation, which is roughly 40 days away that if my co defendant does not pay his portion of the restitution that it will be sent to collections court and I will then be forced to begin making monthly payments of his portion as well since the judge ordered restitution to be paid joint and several. my question is is it possible, or have there been past cases where a judge has modified his restitution order after the fact based upon 1 offender's ability to pay in another's inability to pay?


Asked on 3/31/15, 5:54 pm

1 Answer from Attorneys
Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

The law requires that restitution be joint and several because the victim should be made whole regardless of which of the co-defendants makes payment. That being said, if you end up paying all of the restitution, you are entitled to sue your co-defendant for his half.

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Answered on 4/01/15, 6:41 am


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