TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Retitution--amount and victim in judgment or in separate order?
Go
New
Find
Notify
Tools
Reply
  
Retitution--amount and victim in judgment or in separate order? Login/Join 
Member
posted
Ok, I have what may be a dumb question. Do you need to name a victim entitled to restitution in the judgment, or can you have the court issue a separate order of restitution to Jane Doe? If I understand correctly, my county puts the amount of restitution in the judgment, but does not name the victims in the judgment or allocate the amount of restitution. This is a non-plea multi-victim situation.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
Member
posted Hide Post
I've seen it done several ways, from 1) details on the face of the judgment to 2) an attached restitution schedule to 3) a flat amount in the judgment with the restitution schedule going to the probation department. I've never bothered with trying to determine if one method was more 'legal' than the next. But I do usually prepare the breakdown (schedule) so that someone (mainly me) doesn't have to drag out a closed file for more work down the road.
 
Posts: 137 | Location: Corsicana, TX | Registered: May 10, 2003Reply With QuoteReport This Post
Member
posted Hide Post
Thanks for the info.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
Member
posted Hide Post
The victim's name, address and restitution amount should be included in a non-probated judgment (or a judgment addendum)so the amount could be ordered as a parole condition or qualify for a valid restitution lien.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Retitution--amount and victim in judgment or in separate order?

© TDCAA, 2001. All Rights Reserved.