BACKGROUND
Typically we allege 3-4 different checks in
misd. hot check informations. If they
don't pay in a timely manner, they are
placed on probation. If a defendaant
has more checks, they are included
as restitution in the probation order.


ISSUE
If the defendants probation is revoked,
can we file a new case on the checks that
are included as restitution, but not alleged
in the information?

I try to keep the check cases to a Class B for an assortment of reasons; however, when the case goes to court, there is a condition of probation that the defendant agrees to pay any outstanding checks that we may have at the time or that may come in during the pendancy of the probation.

Since there has not been an adjuducation on the other checks, I see no problem filing them.

Lisa L. Peterson
Nolan County Attorney

Unless you had a formal 12.45 arrangement (in which case you and the defendant agreed that he would be punished in the filed case for the unfiled checks, which would create a double jeopardy problem), then the unfiled checks have not been previously litigated, so absent a statute of limitations problem, you should be able to go forward.