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Restitution often involves replacement of stolen or damaged property or reimbursement of costs that the victim incurred as a result of the crime. A court is required under current state law to order full restitution unless it finds compelling and extraordinary reasons not to do so. [38] Sometimes, however, judges do not order restitution.
Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
Once on probation or parole, over 85 percent must pay fines, court costs, restitution, and fees for supervision. [1] As a result of CJFOs, in 2005, about 10 million people in the US owed in excess of $50 billion because of their involvement with the criminal justice system. However, a fraction of this debt is actually collected.
Furthermore, a minority of common law jurisdictions, like South Africa, use the term "rescission" for what other jurisdictions call "reversing", "overturning" or "overruling" a court judgment. In this sense, the term means to be set aside or make void, on application to the court that granted the judgment or to a higher court. Applications to ...
Prosecuting attorneys Brian Wice turns to leave after speaking to the press after the resolution of Texas Attorney General Ken Paxton's 9-year-old felony state securities fraud case in a special ...
In Texas, figuring out whether a private citizen can make an arrest is a complicated question. Generally, however, the answer is yes, but the law is very limited, according to Texas criminal ...
A Warrant of Restitution is a court order [1] which empowers a property owner to use court bailiffs to enforce a possession order which was gained previously. [2]A common use of such a warrant is for a landlord to remove tenants which have re-entered the property after eviction. [3]
(The Center Square) – Gov. Greg Abbott issued an executive order “to protect Texans from the coordinated harassment and coercion by the People's Republic of China (PRC) or the Chinese ...