New Restitution Rules – Need Great Criminal Defense Attorneys in Michigan to Help.
Late last year the Michigan Court of Appeals decided the case of People v Gaines. The Court of Appeals was asked to determine if a criminal defendant could be charged restitution for the cost of investigating and prosecuting him. The restitution statute allows for restitution to a “governmental entity. . .that suffers direct physical or financial harm as a result of the crime.” In the past, court’s have decided any thing that constituted direct financial harm could be the subject of restitution. An example is money used by the narcotics agents to buy drugs. The court in Gaines decided that costs for the investigation of crime, such as salaries and equipment. would occur whether the defendant committed a crime or not and therefore could not be part of a restitution order.