Juvenile Crime Victims' Rights

STUART DUNNINGS III

INGHAM COUNTY PROSECUTOR

VICTIM-WITNESS PROGRAM

VICTIM'S RIGHTS HANDBOOK TO THE JUVENILE JUSTICE SYSTEM

303 W. Kalamazoo St., Lansing, MI 48933

(517) 483-6108

Elizabeth Savage, Victim's Rights Specialist for Juvenile Crimes: 483-6255

James Pettibone, Unit Chief for Family Court: 483-6227

Stuart Dunnings III, Ingham County Prosecutor: 483-6272

As the victim of a crime, you may have suffered physical, emotional, psychological or financial damage. Additionally, you must now confront a complex and, at times, confusing criminal justice system. In an effort to assist you in understanding your rights and the criminal justice system, we have prepared this web page. This page will outline your rights and the assistance that is available to you under the Crime Victim's Rights Act.

As Prosecutor, it is my duty to inform all citizens who have been victimized by crime what their rights are under our state constitution. There are a variety of services and means of assistance available to those who have been crime victims. My office has established a Victim-Witness Assistance Unit staffed with qualified professionals. They can answer your questions; explain the courtroom procedure; sit with you during the trial; insure that you're not disciplined or discharged by your employer because you've been subpoenaed; and even provide you with a separate waiting room at the court.

I'm sure that you are experience a vast array of responses to this crime. If there is anything that I can do to help, please do not hesitate to call me or any member of the Victim/Witness Assistance Unit.

STUART J. DUNNINGS III

VICTIM/WITNESS SERVICES

THE CRIME VICTIMS' RIGHTS ACT APPLIES TO ALL FELONIES AND SOME SERIOUS MISDEMEANORS:

Being a victim of a crime is a very painful experience for any person. The Victim/Witness Assistance Unit is designed to help crime victims return to their normal way of life, while offering guidance through the criminal justice system. We are here to assist you. Please bring your questions and problems to us at the Ingham County Prosecutor's Office, Victim/Witness Unit. Our phone number is (517) 483-6108.

OUR BASIC SERVICES:

Orientation to the criminal justice system: Explaining subpoenas and court procedures; giving specific information about individual cases.

Court support services: Escorting witnesses to court; notifying witnesses of changes in court appearances.

Case status and disposition: Informing witnesses of the ongoing status of a case, as well as its final results.

Employment intervention: Assisting in solving difficulties with employers.

Referrals: Directing victims to community resources and organizations when they require further assistance.

Crime Victim Services Commission (CVSC): Helping qualified victims apply for financial assistance from the Michigan Crime Victims Compensation Fund. This fund is established under our state's constitution, and allows certain victims to gain restitution payments.

Threats of violence or intimidation: If you are harassed or intimidated with physical violence by the defendant, contact the police immediately. If you are in need of further assistance, contact the Victim/Witness Unit.

Information on receiving restitution payments.

Assistance in the return of your personal property.

Please notify the Victim/Witness Unit of any change of address or phone number.

YOU HAVE THESE RIGHTS UNDER THE MICHIGAN CONSTITUTION:

- To be notified by the police agency about emergency and medical help.

- To be informed about financial help for physical injury and the address of the Crime Victim Services Commission (CVSC).

- To be notified of the telephone number and address of the person to contact regarding your victim's rights.

- To have your property returned promptly, if not needed for evidence.

- To be informed of the procedure to follow if you are threatened or harassed by the defendant.

- To be notified within 48 hours if your case is dismissed.

- To receive a speedy trial if the victim is a child.

- To be present during the entire trial unless you are a witness.

- To be free of threats of discipline or discharge by your employer because you or your child are subpoenaed as witnesses.

- To be provided with a separate waiting area, if one is available.

- To consult with a Prosecuting Attorney to give your views about the disposition of your case before any discussion is finalized.

- To receive the name of the person to contact for information on your case.

THE FOLLOWING RIGHTS WILL BE PROVIDED ONLY IF YOU REQUEST THEM:

Return your impact statement to us if you wish to be provided with any of these rights:

- To receive notice of any scheduled court proceedings and changes.

- To confer with the Prosecuting Attorney (or designated Assistant Prosecuting Attorney) prior to jury selection and trial.

- To receive notice of the final disposition of your case.

- To receive the address and telephone number of the juvenile court officer who is preparing the dispositional report.

- To have your Impact Statement included in the dispositional report.

- To make an oral Impact Statement to the presentence investigator and the court at the time of sentencing.

- To be notified of the time, date and place of the disposition.

- To receive notice if the juvenile defendant files an appeal of conviction.

- To receive a brief explanation of the appeal process, including dispositions.

- To receive notice of the result of an appeal.

- Upon your written request, the Michigan Family Independence Agency or the Ingham County Probate Court will notify you of the earliest release date of the juvenile.

Michigan Family Independence Agency

5303 S. Cedar

Lansing, MI 48910

Ingham County Probate Court

313 W. Kalamazoo

Lansing, MI 48933

JUVENILE LEGAL TERMS AND COURT PROCEDURE

- JUVENILE DEFENDANT: A person under 17 years of age charged with a crime.

- PETITION: A document similar to an adult complaint and warrant, requesting the Probate Court to take action against a juvenile accused of a crime.

- DECISION TO PROSECUTE: The prosecutor determines whether a particular person should be charged with a crime by reviewing the petition provided by the police. The petition is then submitted to the Probate Court.

- DIVERSION: The Probate Court may refer a juvenile to the Michigan State University Diversion Program as an alternative to formally authorizing the petition. The Diversion Program provides supervision of the juvenile, community service, restitution tutoring, and other services.

- WAIVER HEARING: Under certain circumstances, the Probate Court will hold a waiver hearing to determine if a 15 or 16 year old juvenile should be tried as an adult. If tried as an adult, the case is transferred to Circuit Court.

- INTAKE: The Probate Court determines whether formal or informal intervention with the juvenile will be taken. This occurs at a Preliminary Inquiry or Preliminary Hearing.

- PRE-TRIAL: If a case is not resolved at Intake, an assistant prosecutor and the juvenile's attorney will meet to see if the case can be settle without going to trial.

- ADJUDICATION: The plea or trial of the juvenile defendant.

- DISPOSITIONAL HEARING: (Sentencing) Where the Probate Court makes the determination of what should happen with the juvenile defendant such as detention, counseling, probation, out-of-home placement, etc.

- APPEAL: The juvenile defendant may appeal his or her adjudication to the Michigan Court of Appeals.

- SUBPOENA: A court order directing you to be present at the time and place stated.

- JUVENILE COURT OFFICER: A Probate Court or Dept. of Social Services employee who supervises the juvenile after disposition.

- RESTITUTION: An amount of money determined by the court which directs the juvenile defendant, or in some cases, the juvenile parents, to pay the victim for property loss or injuries caused by the crime.

WHEN CALLED TO TESTIFY:

- TELL THE TRUTH: The single most important item of advice is to tell the truth.

- DRESS NEATLY: Your appearance in court is very important.

- LISTEN CAREFULLY: If you do not understand or did not hear the question, ask that it be repeated or explained. If you do not know the answer, say you do not know.

- SPEAK CLEARLY: Answer the question that is asked and then stop talking. Do not offer extra information until it is specifically asked for.

- BE POLITE: Do not lose your temper when the attorney or judge questions you. The court has the right to test how many of the facts you know and remember.

FINANCIAL LOSS

ALL CRIME VICTIMS ARE ELIGIBLE TO REQUEST RESTITUTION AT DISPOSITION.

Following adjudication by plea or trial, the court can order the juvenile defendant to:

1. pay for property loss or personal injury caused by that crime, or

2. return property to the owner, or

3. make restitution in services.

When you complete the Impact Statement Form, you inform the court about the effects of this crime upon you and your need for restitution.

MICHIGAN CRIME VICTIM SERVICES COMMISSION

If you qualify, this state fund offers financial help to victims who suffer personal injury because of a crime. This fund assists with out-of-pocket medical expenses of more than $200, and/or loss of earnings or support for at least two continuous weeks. If you are retired or disabled, these minimum losses may be waived. Any claim must be filed within one (1) year after the crime occurred. Property losses are not covered. For more information, and a claim form, contact:

The Crime Victim Services Commission

P.O. Box 30036: Lansing, MI 48909

(517) 373-7373

Ingham County Prosecutor's Victim/Witness Unit

5913 Executive Drive #300, Lansing, MI 48911

(517) 483-6108

Our Victim/Witness Unit is here to help you as your case moves through the criminal justice system. Call our office if you have questions about your case, victim rights, or restitution. You may also call if you would like someone to go to court with you.

Victim/Witness Unit

Elizabeth Savage, Juvenile Crimes: 483-6255

Trixie Brown, Felony Crimes: 483-6254

Martha Mitchell, Felony Crimes: 483-6257

Carey Keller, Felony Crimes: 483-6258

Sally Despins, Felony Crimes: 483-6257

Shondell Strickland, Domestic Violence/Misdemeanor Crimes: 483-6256

It is important that you keep the Victim/Witness Unit informed by immediately notifying them of any change in address and phone number.

HELPFUL PHONE NUMBERS

End Violent Encounters (EVE), Inc. Formerly Council Against Domestic Assault 372-5572

Crime Victim Services Commission 372-7373

Ingham County Community