Is Amount of Criminal Restitution For Theft Offense Limited to Maximum Property Value Under Charged Degree of Offense?
Court Also Asked Whether Hearing Required When Defendant Disputes Restitution Amount
State of Ohio v. Daniel Lalain, Case nos. 2012-0302 and 2012-0408
Eighth District Court of Appeals (Cuyahoga County)
In the absence of a specific plea agreement to the contrary, is the amount of restitution a criminal defendant may be ordered to pay to the victim of a theft limited to the maximum statutory property value for the degree of theft offense of which the defendant was convicted?
When a defendant disputes the amount of restitution sought by the state at the time he is sentenced, does a trial court abuse its discretion by ordering restitution without conducting an evidentiary hearing?
Is an award of criminal restitution limited to economic loss suffered by the victim as a direct result of the criminal offense of which the defendant was convicted, or may restitution also be ordered to cover costs the victim incurred to support the criminal prosecution of the defendant and/or in connection with a separate civil lawsuit filed by the victim against the defendant?