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  1. #1
    Join Date
    Mar 2010
    Posts
    3

    Default $367,000 in Restitution

    My question involves criminal law for the state of: Texas

    My son assaulted a guy that beat up a girl. On the guys property. He was wrong this I know. But the judge gave him 10 years probation and 367,000.00 dollars in restitution. We were floored at this amout. This was the first time he had been in trouble. He Served In afghanistan twice and iraq. Was a srgt. in the army. And suffers from ptsd. He had a terrible lawyer that has now been disbarred. He was 26 when this happened. How do you pay a restitution that can never be paid when your just a regular joe. He will never be able to pay this in his life time. Is there any thing we can do to lower this. Also I put up a two thousand dollar cash bond...he has not been given credit for it and not even the phone number on the bond or the court clerk seems to know how to get credit for this or the money back. It's been three years in aug. all I get is I don't know what you should do. We don't live in the state this happened in so it is hard to get anything done. This amount is unjust...the five time felon deserves some restitution but not that much. please help if anyone can...this has destroyed more that one life.

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

    Default Re: $367,000 in Restitution

    The restitution was based upon what? His victim's lengthy hospitalization and permanent disability and/or disfigurement? He was represented by a lawyer, wasn't he? He chose not to appeal?

  3. #3
    Join Date
    Mar 2010
    Posts
    3

    Default Re: $367,000 in Restitution

    I assume it was based on medical bills. His leg was broke. Yes my son had a court appointed att. Another wanted ten thousand to appeal. There is much I can not explain. I was not there for the trial because his lawyer told him it would all be ok. This is what my son told me. Next I get a call he was found guilty and taken to jail. I was there for the sentencing the next day. His attorney reminded me of a drunk in a suit and that is exactly what he was. He was very rude to me. I tried to tell him I wanted to speak on behalf of my son and I was totally ignored. It was all a whirl. We were very naive. After this happened (the incident) my son went and turned himself in. I am ashamed to say that in this day and age that was the wrong thing to do. He has always taken responsibility for his actions. My son had been drinking. The quy didn't even know who he fought. My son never lied about any of it. He was going through some things of his own after coming home from the wars. I feel the court should have been told this. I say this not to excuse what he did. But I wrongly assumed he would be shown some kind of compassion for his sacrafice and service. They say fight, fight, fight for the weak. Thats what he did. It didn't help that he saw me beat up many times as a child. Like I said he has his problems. That would take a while to explain. Including the loss of a child while he was serving his country. They did not get him home in time to say goodbye to his child. He planned on making the army his career. After that an many other things he was honorably discharge on a family hardship. Everything was so messed up and there was so much he didn't tell me to keep me from worry. Is there anyway we could lessen this now. Again not to excuse my son but this man (the victim I guess) is a five time felon from drugs to assulting a police officer. I feel a man with this many felonies and his history of violence shouldn't have been free. I know my son will not be excused for what he did. He meant well in his messed up head but he should not have down this. He should have called the police. But I do not believe the rest of his life should be messed up for this. Not just the restitution that will never be paid unless he can pay about five thousand a month but now on job applications he has to list his felony everything he did honorably up to that point is wiped out. All people see is felon. He has been on probation for all most three years and has not been in trouble or failed a urine test. I just feel there must be something he can do about the high restitution. Will he be on probation for the rest of his life because the restitution will not be paid of in seven years? Plus after the fact I believe his attorney did a terrible job in court that is a story in itself. Thank you so much for the input and allowing me to vent if nothing else. I appreciate the forum.

  4. #4
    Join Date
    Jul 2009
    Posts
    249

    Default Re: $367,000 in Restitution

    1) How long ago was he convicted?

    2) How long ago was he sentenced?

    3) Why was his lawyer disbarred?

    4) When was his lawyer disbarred?

  5. #5
    Join Date
    Mar 2010
    Posts
    3

    Default Re: $367,000 in Restitution

    Two and a half years ago.
    Two and a half years ago.
    I made a mistake his lawyer was not disbarred. The DA that prosecuted him was disbarred.

    just a note.
    It is hard for him to talk about but I ask him today about the appeal.
    He said he was told by the DA and the judge that she did not have to give him probation. If he appealed he would see jail time. Is it possible to get the full transcripts of a trial? There is just so much wrong to me here. I could also tell what little time I was there that the judge did not like my sons attorney. But I didn't either. She was very sharp and sacastic with him.

    again thank you for any imput. It helps me deal with it to talk about it. This has just devasted us.

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