Legal Question in Criminal Law in Michigan

i was convicted of an embezzelment charge in oct 26th, 2006...then on january 31, 2007 i received a letter from the plaintiffs attorney that my case was now being handled thru the civil court. how can i be tried for this case twice and owe the money in both criminal and civil courts. i have an income withholding order that is taking weekly pmts out and sending them to court thru the criminal case. but this year he was able to take my state taxes because he told the civil court that i wasnt making pmts. then when i showed the letter to my probation officer and she took it to the accounting dept to get credit for it, they informed her that because its a civil court case now they can no longer collect my money from the criminal case. so my question to you is how can i be charged for the same case in both courts? and because i am on probation still for another year, what do i do?


Asked on 6/07/10, 7:24 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

We have different state courts: criminal courts where a government office (the prosecuting attorney) files charges; and civil courts where a party with 'standing' (usually a victim) files a civil cause of action (sometimes seeking money damages, sometimes seeking injunctions, etc.). It is not unusual for the same illegal conduct to result in actions filed in both court 'systems'. (Remember the OJ Simpson case? He was charged criminally and found not-guilty. But the victims' families filed a civil law suit and proved his responsibility by the civil court's lower burden of proof, and were awarded money damages.) In your situation, I cannot comment on the civil case because you don't say what the civil cause of action was for, what damages were awarded etc. But, under the Crime Victim's Rights Act (CVRA) and the Code of Criminal Procedure, any money that the criminal court collected is supposed to be a set-off (credit) against any civil judgment obtained in a civil case arising out of the same facts; and the flip-side of the same coin (any money collected in the civil case is a credit against your criminal case restitution order). The victim should not collect "double" for the same losses, but the criminal and civil laws allow parallel actions to ensure the greatest likelihood that victims will be paid back in full and at the soonest possible date. (Your concern about the income tax garnishment suggests that you weren't likely going to hand that windfall over to the victim voluntarily.) You should present to the probation department and court clerk evidence of whatever was collected to pay off the civil lawsuit judgment so your criminal restitution order is given whatever set-off is allowed. Michigan's garnishment laws allow for STATE income tax rebates to be garnished to pay court judgments, including criminal restitution debts (and there's a bill in Washington pending that would expand that to Federal income tax refunds, but this isn't law yet).

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Answered on 6/07/10, 1:06 pm


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