Usually I can find what I'm researching for, but in this case I can't. I hope one of you can help me.

Can restitution be ordered as a condition of probation (if agreed to by the parties) on a case that has been rejected and there is a plea on separate case or it is taken into consideration for a plea on a separate case? More importantly, if this is done, is the restitution enforceable? Example: Joe is place on probation for a burglary of a building. As a part of the plea agreement a theft of vehicle is taken into consideration. The theft of vehicle case is a complete and total different incident with a different victim. The parties agree that Joe is to pay restitution for the theft of vehicle as a part of the burglary of a building probation. Is that enforceable? Now, same facts except the theft of vehicle is rejected or outright dismissed. Is the agreed theft of vehicle restitution enforceable?

I found info in a footnote of a case, but nothing really specific. Thanks for your help!!

I would think if the parties agree that anything could be in a plea agreement. If it were an open plea a court would not be authorized in ordering restitution for conduct outside teh charged offense, but if the def agrees than all is fair, and it likely is the reason the state is agreeing to teh plea deal.

I disagree JP and JB, we'll have to wait on a legal eagle like JB (John Bradley) or MP (Marvin Peterson) or JS (John Stride) or JR (John Rolater) to chime in with some cits, but as I recall the law, for restitution to be enforceable upon a motion to revoke it must have arisen out of the charged offense and not be extraneous to that.

GG

Plea bargaining can accomplish anything the judge can enforce. The judge can always enforce an agreed condition of probation. First, by agreeing to the condition, a defendant waives the right to complain when it is enforced. Second, case law recognizes that a defendant may negotiate restitution beyond the named victim.

For authority, see page 87 of The Perfect Plea (2006 Edition).