INGHAM COUNTY PROSECUTING ATTORNEY'S
VICTIM-WITNESS PROGRAM
MISDEMEANOR VICTIMS' RIGHTS HANDBOOK
STUART DUNNINGS III
INGHAM COUNTY PROSECUTOR
303 West Kalamazoo Street, 4th Floor
Lansing, MI 48933
(517) 483-6108
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 experiencing 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.
Prosecutor's Victim-Witness Unit
Trixie Brown, Program Director: 483-6254
Martha Mitchell, Felony Crimes: 483-6257
Carey Keller, Felony Crimes: 483-6258
Maria Valayil, Domestic Violence Crimes: 483-6259
Elizabeth Savage, Juvenile Crimes: 483-6255
Shondell Strickland, Domestic Violence/Misdemeanor Crimes: 483-6256
Sally Despins, Felony Crimes: 483-6257
VICTIM/WITNESS SERVICES
As a victim of a crime, you may be experiencing both emotional and physical pain, as well as some uncertainty about court procedures and the law. Our Victim/Witness Unit is here to assist you. Please bring your questions and problems to us. CALL (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.
THE CRIME VICTIMS' RIGHTS ACT APPLIES TO THE FOLLOWING SERIOUS MISDEMEANORS:
- Assault and battery
- Aggravated assault
- Breaking and entering or illegal entry
- Fourth-degree child abuse
- Enticing a child for immoral purposes
- Discharge of an intentionally aimed firearm
- Discharge of an intentionally aimed firearm resulting in an injury
- Indecent exposure
- Leaving the scene of a personal injury accident
- Operating a vehicle under the influence of, or impaired by, alcohol or a controlled substance, resulting in personal injury, death or damage to another individual's property
- Drunk-boating offenses, resulting in personal injury, death or damage to another individual's property
- Misdemeanor stalking offenses (willfully and repeatedly contacting a person without their permission, and causing them to feel terrorized, frightened, intimidated, threatened, harassed, or molested as a result.)
- Providing alcohol to a minor, if the violation results in physical injury or death
- Offenses that are subsequently reduced to a lesser charge
COURT PROCEDURES
- ARRAIGNMENT: The accused is formally charged and bond is set. If bond is posted, he/she is released until the trial date. The judge may order the accused to stay away from the victim. A pre-trial conference date is set.
- PRE-TRIAL CONFERENCE: The prosecutor, the accused and/or the defense attorney meet to discuss the case and possibly reach a plea agreement. If no disposition is reached, the case will be set for trial.
- TRIAL: The court hearing where the accused is found guilty or not guilty. The victim and all other witnesses are subpoenaed by the court to appear and testify. If a witness does not appear when subpoenaed for trial, the court may authorize a bench warrant for that person's arrest.
- SENTENCING: Prosecution does not always result in a jail sentence. The judge may consider either jail, fines, restitution, probation, mandatory counseling, or a combination of these. The judge may order that a presentence report be prepared by the probation department.
FINANCIAL LOSS
ALL CRIME VICTIMS ARE ELIGIBLE TO REQUEST RESTITUTION AT THE TIME OF THE DEFENDANT'S SENTENCING.
Following a conviction, the court can order the defendant to:
1. Pay the victim for the financial cost of their crime. This may include your expenses for:
physical care
loss of income
psychological and medical treatment
cost of damages done to your property
cost of seizure or impoundment of your vehicle
2. Restore or return property to the owner, or
3. Make restitution in services.
If the defendant is convicted and placed on probation, his or her probation officer will review the restitution orders and payments.
Individuals, businesses and governmental agencies are eligible also.
MICHIGAN CRIME VICTIMS COMPENSATION FUND
If you qualify, this state fund offers financial help to victims who suffer personal injury because of a crime. The fund assists with counseling, rehabilitation, 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. Property losses are not covered. For more information and a claim form, contact:
Crime Victim Services Commission
P.O. Box 30036
Lansing, MI 48909
(517) 373-7373
OR
Ingham County Prosecutor's Victim/Witness Unit
303 W. Kalamazoo St.
Lansing, MI 48933
(517) 483-6108
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 (CVSC) and the address of the Crime Victim Services Commission.
- To be notified of the telephone number and address of the person to contact regarding your victims' 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.
- To request that the prosecutor move to revoke the bond or personal recognizance of a defendant if he or she intimidates, or either threatens or commits physical violence against the victim or the victim's immediate family.
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 probation department that is preparing the presentence report.
- To have your Impact Statement included in the presentence 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 sentencing.
- To be notified of the time and place of any appeal proceedings.
- To receive notes of the results of the appeal.
Upon your written request, the Sheriff will notify you ONE TIME ONLY of the earliest release date if the defendant is sentenced to more than 90 days in jail. In the unlikely event of an escape, Notice will also be sent. Send this request to:
Receiving
Ingham County Sheriff's Department
630 North Cedar Street
Mason, MI 48854
DOMESTIC ASSAULT VICTIMS
Call the following agencies for information about legal and housing assistance, services for children, counseling and support groups, and a safe place to stay:
END VIOLENT ENCOUNTERS (EVE), Inc. Formerly COUNCIL AGAINST DOMESTIC ASSAULT
(517) 372-5572
MICHIGAN FAMILY VIOLENCE HELP LINE
1-800-996-6228
MICHIGAN WOMEN'S COMMISSION
(517) 373-2884
LEGAL SERVICES OF SOUTH CENTRAL MICHIGAN (FORMERLY LEGAL AID)
(517) 394-3121
You have the right to request a Personal Protection Order (PPO) from a circuit court judge. A PPO may order the abuser not to:
- Enter on your property or interfere at your workplace;
- Assault, attack, beat or wound you;
- Threaten to kill or physically harm you;
- Remove minor children from you except for custody or visitation, etc.
- Interfere with your efforts to remove your children or personal property.
- Contact you by telephone or mail, or harass or stalk;
- Purchase or possess a firearm.
Do-it-yourself forms are available. Call the PPO Coordinator at (517) 483-6545 to receive help and information about how to do this yourself. There is a $20.00 motion fee for the hearing costs. This fee may, in some cases, be waived. The PPO office is located at Veterans Memorial Courthouse, 313 W. Kalamazoo Street, Lansing, MI 48933
STALKING can be charged when a person willfully and repeatedly contacts another individual without permission, causing that person to feel terrorized, frightened, intimidated, threatened, harassed or molested. If you feel that you are being stalked, report it to the police. You can also request a Stalking Personal Protection Order from a circuit court judge. These orders state that the stalker is to have no contact with the victim. If violated, criminal penalties will follow. Call the PPO Coordinator at (517) 483-6545 to receive help and information about how to do this yourself.
If you are a victim or witness in a pending criminal case, and you or your family are threatened and harassed because of the case, immediately contact the police agency involved. Also, please contact the Ingham County Prosecutor's Victim/Witness Unit at 483-6256
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