Legal Question in Criminal Law in Michigan

I have a friend that is in prison now and the facility that he's in is taking money out of his account for attorney fees, restitution and court fees. Every time his family sends him money no matter the amount they take it. He is considered indigent due to hardship. How can we stop them from doing this? Is there some kind of order that we can file or is there anything that we can do or he can do to stop this? Thank you

Asked on 4/11/11, 9:11 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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Regarding the restitution issue ... you cannot stop it. The Crime Victim's Rights Act mandates that the MDOC deduct each month 50% of all monies received into a prisoner's account over $50/month. See MCL 780.767a(1) & (3); MCL 791.220h(1) & (3). The MDOC must give the prisoner and the court written notice of all deductions taken and payments made. After the deducted monies get to $100 or more, the warden sends it to the victim(s). The MDOC and defendant shall not agree to modify these requirements; any agreement is "void". (This means that the prisoner and warden or others cannot legally turn a blind eye, cannot "let it slide", cannot ignore their responsibilities, etc. If that happens, that agreement is unlawful.) I'm not commenting on deductions for "attorney fees and court fees" because that would be under a different statute, and I don't have that citation at hand, but it's possible that they are handled differently than restitution, which is mandatory.

Answered on 4/11/11, 10:12 am

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