Archive for the ‘Restitution’ Category

Michigan Criminal Law – This is National Crime Victims’ Rights Week

Sunday, April 22nd, 2012

This week, April 22nd through April 28th, is National Crime Victim’s Rights Week. Each year, the Office for Victims of Crime (OVC)—part of the United States Department of Justice—leads local communities in programming to promote victims’ rights. As criminal defense lawyers, we are involved in the criminal justice system on a daily basis. We do appreciate the challenges and struggles that face victims of violent and non-violent crimes, and we are glad to see local communities paying attention to Michigan victims’ rights.

Michigan criminal laws pertaining to victims of crime are part of The William Van Regenmorter Crime Victim’s Rights Act. This legislation includes details such as: the victim’s right to give a statement to the court for the sentencing, the victim’s entitlement to restitution from the offender, and the victim’s right to prompt return of property after it was used in a police investigation.

We are often asked what it is like to represent people who have been charged with a crime. The truth is that we enjoy what we do and we have been very successful at it. Many people are victims of false allegations from former friends or spouses. One of our strategies may be to put into question the credibility of the complaining witness in a particular case. Other than false allegations, people find themselves wrongfully accused because of incorrect witness identification, unlawful police conduct, or incorrectly analyzed forensic evidence. We also know that each person in the United States is entitled to certain Fourth Amendment rights to be free from unconstitutional searches and seizures. We work to identify any such constitutional violations of our clients’ rights and may try to get illegal evidence gained suppressed in the Michigan court.

When choosing a Michigan criminal defense attorney, it is important to choose one who has gained knowledge through decades of successful criminal defense practice. You do not want to be your attorney’s first criminal case. There is a lot on the line, especially when charged with a felony. At Kronzek & Cronkright, we work tirelessly to defend all of our clients. Contact one of our defense lawyers today at 1-866-766-5245.

Posted in Drug Crimes, Felony Crimes, National Crime Victims' Rights Week, Restitution, Searches | No Comments »

Michigan Restitution Sentencing – Michigan Court of Appeals Clarifies Calculation of Criminal Restitution

Monday, June 6th, 2011

“Restitution” is when a defendant has to pay money to an individual to compensate the individual’s economic losses. In Michigan, restitution is mandatory in a criminal case when the victim has suffered an economic loss. For example, the criminal defendant who commits a theft of the victim’s property will have to pay the victim money for that stolen property.

What is often difficult when it comes to restitution is how it should be calculated. Michigan law states that restitution must be based on the value of the property. Michigan courts have interpreted that to mean the monetary or fair market value of the property, or, in other words, “what a ready, willing, and able buyer would pay for the property on the open market.”

In the recent Michigan Court of Appeals case of People v. Weaver, the court further defined how restitution is calculated when it comes to a damaged vehicle. The Court of Appeals decided it was an error on the trial court’s part to calculate restitution based on how much it would cost to repair the vehicle. The judges at the Michigan Court of Appeals said, “The cost to repair a vehicle will—in many cases—bear no relationship to the vehicle’s fair market value.” Instead, the trial court should have ordered restitution based on the fair market value of the vehicle before the accident minus any value the vehicle retained after the accident.

As criminal defense attorneys, we recognize when restitution plays a role in a case. We understand the importance of discussing this issue with our clients before the client takes a guilty plea. We also know how to challenge an overstated claim for restitution. If you think restitution could be part of your case, it is best to consult with an expert attorney immediately.

Posted in Michigan State Law, News on Crime, Restitution | No Comments »