Legal Question in Criminal Law in Michigan
i owe restitution, there were 2 other people involved in my case, can we split the restitution?
2 Answers from Attorneys
If all three of you were convicted, you'd be held jointly and severally liable for restitution.
No. Michigan's crime victim's rights act requires courts to order EACH defendant to pay "full restitution" to the victim. This doesn't mean that the victim collects triple damages if there are 3 defendants ... it means that all three defendants will be ordered to be on the hook for the full amount (joint & several liability). The individual defendant's order is not limited to a per centage (pro rata liability) based on the number of defendants involved, the role of the individual defendant, etc. It's "all for one, and one for all" so that the victims get paid back as soon as possible, regardless if that's from just one rich bad guy, or money is balanced between the bad guys. Victims don't care who pays, as long as they get paid ASAP. If just one defendant winds up paying, that is 'fair to the victim', and victim fairness is also part of the Michigan constitution's section for victim rights (Article I, Section 24). If the defendants think that this is unfair, I guess that's the risk they take by wrecking havoc and destruction in innocent victims' lives with other ne'er-do-wells who might not pay their debts. (As the old saying goes: there is no honor amongst thieves.) That said ... some courts, while required to officially order all defendants to be in the hook for the full amount, will try to collect amounts from each that are fairly balanced -- but they are not required to do so. If one defendant pays the whole thing, there may be civil actions he can file against his co-defendants (possibly in small claims court, district court, or circuit court, depending on the amount of money involved) to get civil judgements to get reimbursed their fair shares by the other bad guys.
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