Legal Question in Criminal Law in Michigan
Relief of Restitution
Iwas convicted for embezzlement 2001 1st time offense, Single mom of 7 yr old girl,no support and 7mnths pregnant,sentenced and served 7 mths in jail, 5 yrs probation, restitution to be set later.Restitution was set at over 80,000.My attorney was court apptd and I feel he was not working for my best interest, 1st time offender I was sorry & scared doing what ever directed.lost everything I worked for my entire life before this incident, my 7 yr old,new born,car,belongings,past.My baby was born in the jail, damage from improperly trained staff resulted in no future births.Defendent cont. to take me to court for money after 1st statement that restitution was not a reality.IRS also has 100% claim on wages and lien on any/all future ownings for taxes from this crime. No matter how hard I try or what sacrifices I make,It's not good enough.I'm not a career criminal and desperately want to turn this discraceful mistake around.As my crime dealt with money, I can't even get a minimum paying job as soon as a background check comes back.Money went to pay bills and debts after leaving a violent marriage.Employer was aware of debts, promised raises & benefits when I asked for help never happened.Is there possiblity of relief of restitution?
1 Answer from Attorneys
Re: Relief of Restitution
The short answer is "no".
As long as the amount of restitution was properly calculated, then that debt will never go away until you pay it in full. Under Michigan's Crime Victim Rights Act (plus crime victim rights sections of the constitution), all victims from the course of a criminal transaction are entitled to "full restitution". That order never expires/dies until it is paid in full. So, you cannot "sit it out" until it "goes away".
I'm not going to lecture you (much), but your "woe is me" attitude sickens me. YOU were the one who STOLE a lot of money (at least $80,000 is a lot to ME). You probably got the kind of sentence that you got because of the huge amount that you stole and the fact that (in all likelihood) it took you a long time to steal that much ... so it wasn't a one-time, stupid/impulsive act: it was a series of conscious decisions to steal and steal and steal. Further, embezzlement is different from "stealing" because you stole when you were in a position of trust (and the position of trust gave you access to your employer's money), and you violated that trust.
And are you saying that you stole from your employer because your employer did not give you the raises you were promised to cover your personal debts??! Are you blaming the victim for making you commit your series of crimes?? If that was your attitude at the sentencing, I'm sure that that also contributed to your sentence.
One wonders just what you DID "work your entire life for" (that you lost), because it seems like what you WORKED for you actually STOLE. If you want to turn your life around, you're going to have to earn people's trust in you ... and that's precisely what you lost by your own conduct. There is no quick fix for this. From what I know, filing for bankruptcy will not wipe off the restitution debt.
I recommend that you consult with some criminal defense attorneys, appellate defense attorneys, and financial advisors as to what your legal options are. I do not handle those kinds of cases, but my thoughts are that your legal options are very limited. What you need to do is start "flying straight" and leading a life of example with hard, honest work ... and to remember that your victim will always be your victim until you have repaid your debt, and your victim has a right to keep reminding you of that debt. After all, if the shoe was on the other foot, wouldn't you do the same thing?
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