Legal Question in Civil Litigation in Michigan

Criminal restitution then Civil Law Suit?

Charge: Embezellment.

1st:felony-dismissed. 2nd time Misdameanor, plea offered and accepted=No Contest,Restitution( atty fees),Case Dismissed,Not to go on my record.

Now Civil Suit. Wouldn't Res Judicata or possibly Collateral Estoppel apply? plaintiff had to authorize restitution offered by prosecutor & agree to other terms of plea. Conditions of Plea were met. Case Settled...Res Judicata right?


Asked on 10/12/05, 5:51 pm

2 Answers from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Criminal restitution then Civil Law Suit?

No. Claim is not barred by collateral estoppel. You will need to defend civil suit.

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Answered on 10/12/05, 7:03 pm
William Stern William Stern, P.C.

Re: Criminal restitution then Civil Law Suit?

Res Judicata generally would not apply as there are different parties. Res Judicata requires identity of parties. However, you'd get credit for any payments made on the restitution agreement. The plaintiff may be collaterally estopped to ask for more in the civil case than he demanded in the restitution agreement. William S. Stern

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Answered on 10/12/05, 8:25 pm


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