Restitution Ordered In Criminal Cases In Michigan
The following information is relevant with respect to restitution in Michigan:
- When sentencing a defendant, the court shall order defendant to make full restitution to any victim of defendant’s course of conduct.
- Court must not consider defendant’s ability to pay.
- Restitution may include any individual or entity that suffers direct physical or financial harm as a result of an offense. Insurance company as a victim. People vs. Washpun, 175 Mich App 622 (1989).
- Restitution may include "any victim" of the defendant’s course of conduct even though the losses are not attributable to the factual foundation of the charge that resulted in the conviction. People vs Parsails, 192 Mich App 380 (1991).
- Co-defendant or co-conspirator may be held jointly held liable for the entire amount of the loss. People vs. Peterson, 62 Mich App 258 (1975).
- A defendant who plead guilty to home invasion was properly ordered to pay restitution for damage caused by accomplices who caused a fire after defendant left the premises. People vs. Law, 207 Mich App 479 (1994).
- If conduct causes serious bodily injury, serious impairment of bodily function or death, court may order triple restitution.
- Victim’s loss may include prejudgment interest. People vs. Law, 459 419 (1999).