Repay the cost of prosecution? Didn’t I already pay my taxes?
Costs of prosecution are routinely added to a criminal sentence, which can result in excessive restitution and set the defendant up for failure.
The Michigan Court of Appeals has determined that the costs of prosecution, as determined for reimbursement by a defendant, are limited.
Most counties and communities in Southeastern Michigan have laws allowing the prosecution to recoup its costs from criminal defendants. These laws have taken advantage of criminal defendants almost since their inception. Prosecutors have asked for and received reimbursement for their services, as well as the services of police officers. This amounts to being paid twice for the same services.
The Michigan Court of Appeals addressed the issue of blanket reimbursement. The Court decided that the actual costs of the prosecution that go over and above the maintenance and functioning of governmental agencies qualify as a reimbursable cost of prosecution. The standard operating expenses of the police departments and prosecutor’s office cannot be charged to a criminal defendant.
Most criminal defense attorneys do not contest what items can be appropriately charged to the client and what cannot. These costs can routinely reach hundreds of dollars and thousands in more significant cases. The contesting of inappropriate costs of prosecution can save a lot of money for the client.
“Why does the prosecutor waste time on my case considering the cost of prosecution?”
Prosecutors pursue even minor criminal charges to uphold the law, deter similar offenses, and maintain public trust in the justice system. They are obligated to enforce the law impartially, regardless of the perceived severity of the crime. Prosecuting minor offenses can also address underlying issues, prevent escalation of criminal behavior, and serve the interests of justice and community safety.
Is it worth hiring a lawyer to help with my sentencing?
Hiring a retained criminal defense attorney for sentencing can be crucial. They bring expertise in navigating complex legal systems and can advocate effectively for lesser sentences by highlighting mitigating factors and challenging the prosecution’s arguments. An attorney can also explore alternative sentencing options, like probation or treatment programs, that may not be evident to someone without legal training. Their negotiation skills can lead to plea bargains that significantly reduce penalties, including fines, costs, and an order for reimbursement for the cost of prosecution. Investing in skilled legal representation often results in more favorable outcomes than self-representation, making the expense a worthwhile consideration for your future.
Low-Income Defendants Get Stuck with the Lion’s Share of the Cost of Prosecution
Many argue that requiring defendants to pay the cost of prosecution raises fairness and constitutional concerns. It can be seen as disproportionately burdensome to poor and indigent defendants, potentially creating a debt that exacerbates their financial struggles and hinders rehabilitation. It also raises concerns about equal treatment under the law, as wealthier defendants can more easily bear such costs. This system can be viewed as creating an unequal justice system based on financial means, rather than legal principles, undermining the concept of equal justice for all. Furthermore, defendants with the ability to retain top criminal defense attorneys, such as those with LEWIS & DICKSTEIN, P.L.L.C., stand a greater chance of having charges dismissed or reduced, thereby avoiding potential orders for reimbursement of the cost of prosecution.
The Michigan Criminal Defense Law Firm You Can Count On
The attorneys at LEWIS & DICKSTEIN, P.L.L.C. take their responsibility to protect their clients very seriously. It is important to them that all rights are protected, and the government does everything required and does not take advantage of the situation. LEWIS & DICKSTEIN, P.L.L.C. is very aware of people having financial issues. It is often the case that someone commits a crime only because they are financially destitute. Our attorneys will fight against overcharging by the government and every other undue, unfair term or condition of probation under consideration by a judge. Call us for a free consultation. We will take the time to talk with you, answer your questions, and work with you to develop a winning strategy.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
