Restitution In Michigan Criminal Cases

Michigan’s restitution law requires that the court shall order defendant to make full restitution to any victim of defendant’s course of conduct. A restitution hearing can occur at the district court level for a misdemeanor or the circuit court level for a felony. Restitution can be ordered at the time of sentencing or at a later hearing. 

The defendant's ability to pay is not a consideration when determining the amount of restitution. If conduct causes serious bodily injury, serious impairment of bodily function or death, court may order triple restitution. Restitution may include any individual or entity that suffers direct physical or financial harm as a result of an offense. Restitution may include "any victim" of the defendant's course of conduct even though the losses are not attributable to the factual foundation of the charge that resulted in the conviction. Co-defendant or co-conspirator may be held jointly liable for the entire amount of the loss.

Here is an example of a restitution case in Michigan where someone other than the defendant caused the damages but was ordered to pay restitution: In the case of People vs. Law, 207 Mich App 479 (1994), a defendant who plead guilty to home invasion was properly ordered to pay restitution for damage caused by accomplices who caused a fire after defendant left the premises.

The ABDO LAW FIRM knows how to navigate the complicated Michigan restitution laws in criminal cases. We have handled restitution issues in the district courts and circuit courts in Macomb County, Oakland County and Wayne County. We have helped 1000's of clients who need a Michigan criminal defense lawyer who knows how to address all concerns including the harsh consequences of Michigan restitution laws.