I have checked the prior posts in this forum on pretrial diversion, and I have not found an answer to this particular question. Under CCP 102.012, can you charge a fine and/or impose restitution in addition to the supervision fee? I can find no cases on this.
Here in the home of the Stratford Elks (1A State Champions!) two kids (17 years old, not juveniles) from a rival school set fire to(immolated) our Elk mascot (fiberglass, not live, fortunately). They seem to be good kids, it was a dumb prank, and I'd like to just get them to pay restitution and maybe a fine but not give them a criminal mischief record.
[This message was edited by Kim Allen on 12-29-05 at .]
Make them dress up in one of those 2 part costumes normally seen as horses, with one being the front and one being the rear and walk in the next town parade - and they have to switch ends at the 1/2 way point. Oh, wait. You mean on the Restitution issue... sorry. Got excited and started typing w/o reading the whole thing.
make them pay the restitution prior to them being able to accepting the PTD.
Often times w/our hot check cases that are first timers, we'll reduce it to a class C, but only once they pay off the checks w/in a reasonable amount of time. If not able to, then probation.
You cannot charge a fine or court costs, but you could make restitution one of the rules of pre-trial diversion. E-mail me if you need a copy of some forms.
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