Legal Question in Criminal Law in Michigan
My son 16 waiting to make a left turn into a gas station and a speeding motorcycle coming opposite direction...witnesses state "flying" and "going at least 85mph" .My son was hit in front of car between 2 headlights...motorcyclist hit windshield & passed away at impact. They charged my 16yr old with failure to yield, pleaded no contest,gave juvenile misdemeanor, 9,000 restitution for funeral expenses pending civil suit of $500,000. Now civil suit finished w $240,000 due to defense of speeding. Can they collect funeral expenses twice, restitution and in civil suit which is part of their claim?
2 Answers from Attorneys
They should not be able to. I'm sure his civil attorneys will handle this legitimate objection in the civil case.
Short answer: No. The Michigan Crime Victim's Rights Act says that when there is restitution ordered in a criminal or a juvenile delinquency case AND there is money collected from a civil action factually connected to the criminal/delinquency case, the amount collected in the civil case is a set-off to the restitution debt. The CVRA does not govern the civil lawsuit, however, I am sure that the set-off is a two-way street: money paid by the defendant in the criminal case for restitution becomes a set-off for the civil judgment for similar expenses awarded in the civil case. So there would be no "double-dipping". Note, however, that criminal restitution covers much less territory than what can be ordered in a civil case. However, both matters could include funeral expenses. So while the same line item expense (funeral bill) might be awarded in both cases, it will only be paid once because when it is paid in one file it's a credit / set-off in the other file.
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