Are there any restrictions on how I can use the money recovered in a student defense case?
Yes, there are restrictions on how money recovered in a student defense case can be used in New Jersey. The money must be used to pay or reimburse the student for any reasonable and necessary expenses incurred as part of the student’s defense. These expenses may include lawyer’s fees, court costs, witness fees, expert fees and other costs associated with the defense. The money may also be used to make restitution to someone or some entity that was a victim of the student’s conduct. Any restitution payments are made as part of any plea agreement between the student and the prosecutor or court, or as part of the sentence imposed upon the student. Any money that is not used for reasonable defense costs or restitution may be used for educational expenses, such as tuition, fees, and books, or for any other reasonable purpose consistent with the student’s interests. The student and attorney may agree to place any money that is not used for the defense or restitution into an escrow account. The student and attorney must be aware that any funds remaining after payment of legal fees, court costs, restitution, and other expenses must be reported to the New Jersey court, which will determine how the remaining funds will be disbursed. The court can choose to award the remaining funds to the student or to a third party.
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