Repay the cost of prosecution? Didn’t I already pay in 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 that allow for the prosecution to recoup its costs from criminal defendants. These laws have taken advantage of criminal defendants almost since their inception. Prosecutors have asked 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 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 properly 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.
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 that is 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 the only reason someone commits a crime is that they are financially destitute. Our attorneys will oppose overcharging by the government and every other undue, unfair term or condition of probation under consideration by a judge.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.