Legal Question in Criminal Law in Michigan

my wife was charged with misdamenor retail fraud along with 3 other defendents (perticipants). She is paying her court fees and restitution. She was told by the Judge that if the others dont pay there share she will be held responsible for that portion also and if she doesnt pay she will be held in contempt and put in jail as a probation violation. How can she be held responsible for there fees and restitution.


Asked on 8/31/10, 4:43 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Fees or court costs assessed to a defendant by the judge at sentencing are all on THAT defendant. A co-defendant does not have to pay another defendant's court costs or fines. But, restitution ordered in a multi-defendant case is ordered "joint and severally" (i.e., all for one and one for all), not "pro rata" (i.e., a percentage). The Michigan Crime Victim's rights Act says that, when sentencing a defendant, the court must order full restitution against that defendant for all losses/damages to all victims in the course of conduct resulting in the conviction. So, EACH defendant has to be ordered, individually, to pay the full amount of restitution. [The victim does not collect double, triple or quadruple. Once the court has received the full restitution amount between all the defendants, then no more restitution is collected by the court from any defendant.] The CVRA does not say anything that even hints at a pro rata / percentage restitution order where each of the four defendants is ordered to pay just 25% of the full restitution. If that were the case, if only one defendant had money, the victim gets screwed because only 25% of the losses are ever recovered. On the other hand, with joint & several restitution, if only one defendant has money, the victim gets paid back in full by that one defendant. Michigan's crime victim rights constitutional amendment in 1988 (Const 1963, Art I, Sec 24) says that a crime victim must be treated with fairness throughout the entire criminal process. Between a choice of "joint & several" or "pro rata", the only way to treat the victim with fairness is to order it as joint & several. You may think that this is unfair from the defendant's side. Well, tough. The defendant injured/damaged another person, and owes it to the community to make it right. The paying defendant can settle the $$ score with his/her partners in crime ... possibly by suing them under some theory of liability. Me? I want the victim to be made whole ASAP, regardless of whether all of the bad guys kick money in, or just one.

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Answered on 9/06/10, 7:59 am


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