When restitution is ordered as a condition of deferred adjudication, restitution can be in an amount up to the fine that could have been assessed.

• A. True
• B. False
• C. Only if the defense agrees
• D. Only for non-misconduct offenses

Answer: (A)

Restitution under deferred adjudication is limited by the maximum penalty—the fine—that could have been assessed for the offense. The court may order restitution to compensate the victim, but the amount cannot exceed that potential fine. This keeps the punishment within the statutory penalties while still addressing the harm to the victim. It doesn’t require the defense’s agreement to set the amount, and it isn’t restricted to a specific type of offense—the cap comes from the possible fine, not the offense category.