AN OVERVIEW
In 1985, the State of Michigan enacted the Crime Victim’s Rights Act. The Act provides the duty that Prosecutors must notify crime victim’s of their specific rights under the law. Under the law, they are to provide a description of the criminal justice system and Crime Victims Compensation information. They tell a victim what to do if they are threatened and provide a contact person in the Prosecutor’s Office.
In complying with the Crime Victim’s Rights Act, Macomb County has established the Crime Victims Rights Unit. The Unit is composed of a Coordinator, four Victim Advocates and two secretaries.
Victim Advocates provide advocacy throughout the criminal justice process on behalf of the crime victim. They provide services to victims of crime with special needs, such as senior citizens, and victims of domestic violence, and sexual assault. These services include an explanation of the criminal justice system and various court proceedings, providing emotional support and crisis intervention, accompanying victims to court, providing case status information, consulting with assistant prosecuting attorneys, and maintaining case files.
VICTIM’S RIGHTS DURING PROSECUTION
Under the Crime Victim’s Rights Act of 1985, victims have the right to…
- Be present during the entire trial unless they are to be called as a witness.
- Be free from threats or acts of discharge from employers because they are subpoenaed or requested by the court to testify in court.
- Be provided with a waiting area separate from the defendant, the defendant’s relatives and defense witnesses, if practical.
- Consult with the assistant prosecuting attorney in order to give views about the disposition of the case.
- Receive the names of the person to contact within the Prosecutor’s office for information about their case.
Only Upon Request
To take advantage of these rights, a victim must notify the Crime Victims Rights Unit by completing and returning the Rights Requested Form. Victims must also keep the Crime Victims Rights Unit informed of their current address and telephone number.
Victims have the right to…
- Receive notice of any scheduled court proceeding and any changes in that schedule.
- Confer with the assistant prosecuting attorney prior to the selection of the jury and prior to the trial.
- Receive notice if the defendant escapes custody while awaiting trial.
- Receive written notice of the defendant’s conviction.
- Receive notice of the address and telephone number of the probation department which is to prepare the pre-sentence investigation report.
- Make an oral impact statement to the pre-sentence investigator.
- Make an oral impact statement at the time of sentencing in court.
- Be notified of the time and place of sentencing.
VICTIMS RIGHTS DURING POST SENTENCING
To take advantage of the following right, victims MUST inform the sheriff (if the defendant was jailed) or the Department of Corrections (if the defendant was sent to prison) that they want to be notified. Victims MUST also keep the Sheriff or the Department of Corrections informed of their current address.
Only Upon Request
Victims have the right to…
- Receive within 30 days of their request, notice of the earliest release date of the defendant from jail or prison.
- Be notified of the transfer or pending transfer of the defendant to a lesser security facility and the address of that facility.
- Be notified of the release or pending release of the defendant to a community residential program, extended furlough or transfer to community status.
- Be notified of a reduction of the defendant’s sentence as a result of "good time" credit.
- Be promptly notified of an escape by the defendant.
- Address or submit a written statement to the parole board or to a member of any panel having authority over the defendant’s release on parole.
- Be notified within 14 days of the decision of a parole review
- Be notified of any hearing regarding a reprieve, commutation or pardon of sentence by the Governor.
VICTIM ASSISTANCE
The Crime Victims Rights Unit realizes that being a victim of a crime can be a very difficult time for most people. Victim assistance is an effort to help crime victims return to their normal way of life. We provide the opportunity for crime victims to express their concerns and problems and offer help.
Services
- Provides information and help in filing for Michigan Crime Victims Compensation.
- Makes referrals to other community agencies for additional assistance.
- Gives information on how the court works and case status.
- Attends court at the victim’s request.
- Provides assistance in completing Victim Impact Statements for sentencing purposes.
- Provides assistance for the return of personal property.
- Provides information and assists in receiving restitution.
- Provides community awareness.
VICTIM COMPENSATION
The Michigan Crime Victims Compensation Act was enacted for the purpose of giving financial assistance to crime victims who are injured or lose income because of a crime. The Crime Victims Rights Unit will be able to answer any questions that victims may have regarding this compensation. Applications are available at our office.
To Receive compensation
- The crime must have occurred in the State of Michigan.
- A police report must be made within 48 hours of the crime, except for good cause and the victim must cooperate with the investigation.
- The victim must have suffered actual bodily harm.
- The victim cannot have contributed to the infliction of the injury nor have been responsible for, or an accomplice to the crime.
- The victim must have at least $200 out of pocket medical or rehabilitative expenses and/or a loss of two continuous weeks of earnings or support.
Additional information
- In the case of death, a claim may be filed by a family member. This may include funeral expenses.
- Expenses or losses covered by personal insurance or that can be paid by another source will not be covered.
- Incomplete applications can result in long delays in claim determination.
- Most claims will be processed within 4 to 6 months.
- Minimum loss requirements may be waived for victims retired by reason of age or disability and for victims of criminal sexual conduct.
- Property loss in NOT covered.
Under the Michigan's Crime Victim Rights Act, a victim may also attempt to collect unpaid restitution two different ways:
The victim may attempt to garnish the Defendant's wages, bank account(s), or income tax refund. The victim would use the garnishment court forms created by the State Court Administrative Office (MC 12, MC 13, or MC 52) as found at http://courts.mi.gov/scao/courtforms/
- A garnishment would be filled in this Court in the name of the original criminal case.
- On the garnishment form, the name of the victim would be listed as the "Plaintiff name."
- All payments are to be made payable to and directed to the Court.
- There is no court filing fee.
- The judgment (for purposes of garnishment) expires when the restitution is paid in full.
- Payments that are received at the Court will be forwarded to the victim.
The victim may also file a Notice of Judgment Lien on any real property the Defendant may have (using court form MC 94).
- The Notice of Judgment Lien is filed in this Court in the name of the original criminal case.
- The name of the victim would be listed as the "Judgment creditor's name."
- There is no filing fee with the court.
- After filing the form with this Court, the victim must record the Notice of Judgment Lien with the county register of deeds where the Defendant's property is located.
- The victim will have to pay the statutory recording fee with the county register of deeds.
- The first lien will expire in 5 years and may be renewed once.
GENERAL INFORMATION
For case status and general information contact the following agency:
- Crime Victims Right Unit
- Macomb County Prosecutor’s Office
- 1 South Main , 3rd Floor
- Mt. Clemens, MI 48043
- (586) 469-5675
Staff:
- Kimberly Green, Coordinator
- Johanna Delp, Domestic Violence Victim Advocate
- Kay McGuire, Domestic Violence Victim Advocate
- Sue Stempowski, Victim Advocate
- Karen Phillips, Victim Advocate
- Jill Lezotte, Secretary
For compensation for injuries contact the following agency:
- Crime Victim Services Commission
- 320 South Walnut
- Lansing, MI 48913
For victim input after a felony conviction and prior to sentencing, or for restitution questions contact the following agency:
- Macomb County Probation Department
- 32 Market Street
- Mt. Clemens, MI 48043
- (586) 469-5330
For inmate status and post-conviction status contact the following agency:
- Macomb County Sheriff Department
- 43565 Elizabeth Road
- Mt. Clemens, MI 48043
- (586) 469-5151
For post-conviction status contact the following agency:
- Michigan Department of Corrections
- Grandview Plaza Building
- PO. Box 30003
- 206 East Michigan Avenue
- Lansing, MI 48909
- (517) 373-04467
- (877) 886-5401 Toll Free
Witness Fees:
A witness will receive $6.00 for each half day and $12.00 for each full day that they are called in to testify. The witness will also be paid 10 cents per mile. These amounts are set by law.
