Mike Brandt prevailed in challenging a District Court order granting $2,240 in restitution. The District Court Judge had previously ordered restitution at a sentencing hearing in a criminal sexual conduct case. Mike sucessfully conviced the judge to sentence the defendant to probation but the judge ordered restitution in the amount of 2,240. Mike objected to the restitution and filed a motion to vacate the restitution order, arguing that the person requesting restitution was not a victim under Minnesota Statute §611A.01.
Minnesota Statute §611A.01 requires that restitution be limited to a “person who incurs loss or harm as a result of a crime.” After carefully researching the issue, Mike successfully persuaded both the Judge and Prosecutor that the mother of the victim was not a victim under the statute for purposes of restitution. In doing so, Mike was able to get the restitution order for the mother vacated, which reduced the restitution from over $2,300 to $112.
Mike’s research and arguments not only kept his client out of jail but saved his client $2,240. Mike’s diligent preparation and careful scrutiny of his clients’ cases again resulted in a favorable outcome for yet another client.