Q: Can a felony charge of grand theft be amended from 3600 to 18,000 after I went to court and was agreed upon 3600.
At court the owner did not have witnesses that was January now today May 6 I'm told have to go to court for a letter written by a person who was never involved and now it's up to 18000. I went to jail, court and now on probation and paying. The owner is pinning all employee thefts on me because of being management when clearly on video other employees are stealing.
A: All of these concerns should have been addressed at the time you were put onto probation. I suggest you call the attorney who represented you at the change of plea in this case. That attorney should know whether the amount of restitution was “set “ or “open”. If the amount of restitution was already set and agreed to, then you may have grounds to object to efforts to increase it. If restitution was ordered, but the amount reserved, then the amount of restitution is open for determination by the court by a preponderance of evidence standard. The restitution must relate to the charge you plead to or to the matters you agreed to pay.
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