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  1. #1
    Join Date
    Jun 2005
    Posts
    10

    Default Restitution Order is Too High

    My daughter (a minor) committed an awful crime against another minor. She bashed in the girls windshield with a baseball bat. She was arrested and went to trial with a public defender.

    This "lawyer" is just slightly wet behind the ears - I'm surprised he finished law school. In any case, my daughter gave him permission to speak to me about her case. He finally called me the day before court - not a trial, but another legal proceeding after the arraignment - to I guess see if they are going to trial.

    He called me and told me that a plea bargain was being offered. I discussed the particulars with him and agreed to what was being offered. Part of the agreement was restitution to the victim.

    My daughter had no problem with paying restitution. The lawyer told me it was $210 for the windshield - which sounded reasonable.

    When my husband and daughter went to court the next day, all of the legalities were handled by the lawyer while he was up front by the judge. When it came time to reading off the stuff, the restitution amounted to over $1,400!!! My husband spoke up at that time, and the lawyer shuuushed him, then in the hallway AFTER he had my daughter and husband sign the order of the court, told my husband that the amount of restitution can be dealt with later.

    I come to find out, now, that that is not necessarily the case. I called and spoke to the "lawyer" and he said, yeah, he made a mistake and that it wasn't $210, but my daughter has 10 years to pay it, so no biggie. He sent me the victim impact statement, and the estimate (no receipts of actual payment made) has fender damage, hood damage, rear mud flap damage!!!! No wonder it is over $1,400!! Even the victims photographs and statement only mention the windshield - which my kid is more than willing to pay for. The lawyer sent me a letter stating that because my daughter signed the order, there is nothing he can do, but I have remedy under RCW 13.40.190. and I do, under (5) saying the order can be revised.

    HOW!! I can't afford a lawyer, and it was only on the advice of the lawyer based on $210 that my kid sign the order of the court. My husband did speak up, and was told to be quiet.

    How can we be compelled to pay for damage not done by my daughter, and arent we entitled to receipts since we are paying for "damages"???

    CAN ANYONE HELP ME SORT THROUGH THIS??!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Idiot Lawyer

    Without wanting to sound too judgmental, it sounds like your lawyer is an idiot. He should have handled any challenge to the restitution before you entered into the agreement, should not have told you to sign it knowing that you objected to the amount, and should not have misled you about your rights at a later date. It sounds like he may have been afraid of having to explain to the judge that a plea bargain would be delayed due to his giving you the incorrect information.

    And you're probably right, that the cost of trying to fight the amount at this date would likely exceed the amount at issue - and might not even succeed, given that you signed your consent to the amount.

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