Legal Question in Criminal Law in Michigan

First, the amount of restitution may seem "obscene" to you because now you have to pay it back, but it reflects real out-pocket losses you caused to people in the course of your criminal conduct that resulted in your conviction. Man up and pay it back!

Second, Michigan has among the best restitution laws in the nation ... if you're a victim. The victim has a constitutional right to receive restitution AND to be treated with fairness. (Yes, victims have rights, too, not just defendants.) And the Crime Victim's Rights Act says that it must be "FULL restitution to all victims in the course of conduct giving rise to the defendant's conviction", so you have to pay for the wide swath of destruction you caused, even for things you might not have been charged with or convicted of.

Third, the proper amount if restitution is based on the victim's loss. Your "ability to pay" is not a lawful consideration in how much the restitution is. (It used to be, but that was changed many years ago because victims were getting screwed.) The $_____ that the judge orders is focused on what the victim is "out". Period. (Although your INability to pay may be considered by the judge in the monthly pay-back rate.)

Fourth, if you're put on probation or parole, a condition of probation/parole must be the repayment of restitution. So, you can be violated for NOT paying restitution (including going back to jail or prison).

Fifth: Unless you properly challenged the judge's restitution order, you must pay it in full. Period. You cannot discharge restitution in bankruptcy (that's Federal law). The restitution order NEVER EXPIRES until it is paid in full (that's Michigan law). Even after you are off probation, anything that's still unpaid can be collected by the victim's or prosecutor's efforts through typical civil collection means. This can include garnishing your wages, bank account or Michigan income tax refund, having your property seized and sold at auction by the sheriff, etc. And, if you die and still owe money, the victim can go after your estate. (And if the victim dies, the victim's estate can continue the battle to collect the restitution, so you aren't off the hook even then.)

Sixth, if you are violated and sent to jail or prison, that is NOT a credit against your restitution debt. You still owe the money in full. No "serve one year and we knock $_____ off your restitution bill". A judge can do that for fines/costs, but not restitution. Again, the victim has the constitutional right to be paid restitution and to be treated with fairness throughout the entire criminal process, and what you want to do would violate both of those victim constitutional rights.

So, you took the first step in taking responsibility for your criminal conduct when you were convicted. Now own the rest of it by making the victims whole again through paying their full restitution as soon as you can. You're going to have to some day. As the saying goes, you can run but you cannot hide.