I have a juvenile D charged w/ a FS level criminal mischief. The case is from 2005 and the juvenile has not been in trouble since. The D is willing to plea, but doesn't want to get hit with a felony. Restitution amount is $1580.

Can I defense and myself agree to drop the charge to a MA, and agree to keep the restitution amount above the $1500 threshold as part of our plea agreement?

Joe, make sure any such agreement is a binding Rule 11. I don't have the case law, but it's out there that if you reduce, the D can ask for a limit on the restitution. We had a similar case where it was reduced and the D-counsel then asked for a reduction of the restitution amount and got it. Otherwise, I think you're good.

You could also require a portion of the restitution to be paid up front (at least $80), then the remaining amount would be under $1500 and w/in the Class A range.

Shannon's idea is the most practical.

The law is that if restitution exceeds the jurisdictional amount of the court or the crime, then it cannot be enforced in subsequent revocation proceedings. Any agreement to circumvent this is not enforceable.

Likewise, if a defendant has two cases, and say one is a burglary and one is a dope case, you cannot "tack on" the burglary restitution to the drug case, whether probated or punished by incarceration (and hoping it will be paid on parole) and then drop the burglary case.

I often try to get a D lawyer to convince his client or their parent to make full up front restitution. It makes the victim whole immediately, and you are not gambling that the D will live up to his agreement. If a D wants an extraordinary remedy, then I feel he should do his part to make the victim whole.

fantastic ideas guys...thanks!

All of this can be done by agreement. A plea agreement may expand the amount of restitution and it is enforceable.

We have in the past here allowed a juvenile to plead to a misdemeanor level criminal mischief but agreed to restitution above the misdemeanor level. I see no reason why that is not enforceable, if it is agreed to as part of a plea agreement.

I can see, however, that you could not try a case to a guilty or true verdict as to a misdemeanor and then try to collect felony restitution.

we've had DWI's and damage involving fixture cases come along. TIC the damage for pleas on the DWI with restitution as a condition of the probation.
With juvi cases, if we can get the restitution from them that they are ordered to pay, then we're happy. If I thought that it was going to be paid, ie - the parent has the ability, and I didn't think I would be needing the felony level adjudication at a later date, then I wouldn't have a problem with doing it. I don't think a victim would raise too much of a stink over $80.00. Depending on the juvi and the circumstances, I might even go to a Class B if the restitution was paid up front. I just like getting the $$$ for the victim whenever possible. How many times have you had a juvi that agrees to pay the restitution and does so for a little while, but then his little girlfriend ends up getting pregnant (sometimes AGAIN) and he barely makes enough at the local fast food restraunt to make ends meet as it is. Again, the main thing to me would be whether I thought the juvi was going to be coming back or if it seemed like an isolated stupid kid trick. You never know, but sometimes you know, you know?