In Michigan and across the United States, prosecutors are responsible for representing the government in its case against a defendant accused of committing a crime. Ultimately employed by the government, prosecutors are involved in early all stages of a Michigan court case, starting from charging the accused with any crimes and ending with a criminal trial. Though it may seem like he or she is helpful, a top criminal lawyer would warn that this is not the case. In Michigan, even though the prosecutor represents the government and is on the opposite side of the case as the accused, it is legal for a judge to mandate in sentencing that the defendant pays the cost of prosecution, in addition to the court fines and fees associated with criminal convictions. The Michigan legislature has enacted statutes that allow the courts to do this.
Only two restrictions on charging the cost of prosecution
According to Michigan state law, there are only two restrictions on charging the cost of prosecution to a convicted defendant. The first requirement is that the costs assessed must be reasonably related to what it actually cost to prosecute you. For example, if it only cost the Michigan government $7,000 to prosecute a case, the judge could not order the defendant to pay more than that. Secondly, it is required that the prosecution charges be for things that specifically occurred for the case. Therefore, one could be required to pay costs for expert witnesses who testify against you in the case. To prove that the costs charged to a defendant were actually incurred in a specific case, the prosecutor has to submit to the judge an itemized list of costs. The defendant would have a chance to review and challenge those listed costs.
In a recent Michigan case, the Court of Appeals ruled on the requirement that a defendant pay the cost of the prosecution. Jimmy Dilworth was ordered by the trial judge to pay $1,235 in prosecution costs as part of his sentence. However, the prosecutor never provided the court with an itemized list that showed what constituted the $1,235 in costs, and therefore the trial court judge would not have known for sure that the costs were appropriate. The Michigan Court of Appeals ruled that the case was to be sent back to the trial court so that the judge could receive and view such a list before ordering Mr. Dilworth to pay those costs. While the judges did add that the costs were likely appropriate, but until reviewed and approved by a judge, a defendant could not be required to pay them.
It is important that those accused of criminal charges fully know their rights throughout the entire complex and confusing legal process. Mr. Dilworth’s case is a prime example of how defendants can be taken advantage of by prosecutors and the courts—had his Michigan defense attorneys not protested, he may have been required to pay unnecessary fines and fees. Without superior legal advice and legal representation, the accused are left defenseless and subject to unfair punishments. To protect your personal liberties and freedoms, it is essential to contact the best criminal attorneys immediately for assistance.