People v. Law, 568 N.W.2d 90 (Mich. Ct. App. 1997)

Cases | People v. Law, 568 N.W.2d 90 (Mich. Ct. App. 1997) | 2018

The defendant pled guilty to desertion and abandonment. The trial court ordered the defendant to pay restitution for back child support and unpaid medical bills. The defendant appealed. The appellate court held that: (1) the trial court did not abuse its discretion by ordering the defendant to pay back child support and unpaid medical bills. The expenses were attributable to the defendant’s course of conduct of neglecting his children, and were easily ascertainable; (2) because the trial court failed to properly address statutory factors before ordering restitution, the restitution order was vacated and the case remanded to trial court for further proceedings; (3) the trial court had authority to order restitution because the charged crime occurred after the effective date of the Crime Victim’s Rights Act; and (4) the trial court erred in ordering the defendant to pay interest on the restitution award. There was no provision in the Act for imposition of interest on a restitution amount, and restitution is not a substitute for civil damages.

aff’d in part, rev’d in part, remanded by People v. Law, 457 Mich. 853, 577 N.W.2d 693 (Mich. 1998)