Updated: February 5, 2007
Michigan Prosecuting Attorneys
Coordinating Council
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Credits | Disclaimers | Webmaster
As a result of aggressive advocacy, crime victims have recently gained many rights. This page
will help you to learn about those rights.
The pages that follow will tell you about Prosecutor's
Victim Assistance contacts, compensation,
answer common questions, and provide useful resources.
CRIME IN MICHIGAN TOUCHES ALL OF US. When one person is victimized, we all --- as a community --- suffer.
If you are not personally a victim of crime, then you know a relative, friend or neighbor who
is. Victims and witnesses naturally look to the criminal justice system for vindication and
justice, but all too often find a court system which appears to be dedicated to protecting the
very people who have caused their anger and pain.
The Michigan
Constitution (Art. I, Sec. 24; eff. Dec. 24, 1988) and the Crime
Victim's Rights Act (1985 PA 87; MCL 780.751) have given crime victims the
right
to:
be treated throughout the criminal justice process with fairness and respect for their dignity and privacy
timely disposition of the case following the arrest of the accused
receive an explanation of court procedures
reasonable protection from the accused throughout the criminal justice process, including having a waiting area separate from the defendant and the defendant's relatives and witnesses (if practical), and to receive an explanation of procedures to follow if threatened or intimidated by the defendant
be free from threats or acts of discharge from your employer because you are subpoenaed or requested by the Prosecuting Attorney to testify in court
consult with the Prosecuting Attorney to give your views about the disposition of the case
notice of:
- · emergency and medical services [from the investigating police agency]
- · the name of the person in the Prosecutor's Office with information about your case;
- · all scheduled court proceedings, including sentencing;
- · the defendant's release on bond or escape from custody while awaiting trial;
- · the address and telephone number of the probation department that is preparing the pre-sentence investigation report, if one is ordered by the Judge;
- · victim compensation benefits, including the address of the Crime Victims Compensation Board, and an explanation of eligibility requirements for compensation funds
- · the name of the person in the Prosecutor's Office with information about your case;
-
attend trial and all other court proceedings the accused has the right to attend (except possible sequestration during a trial before you testify)
confer with the prosecution before trial and before the jury is selected
make an oral statement to a pre-sentence investigator, or to have a written impact statement included in the pre-sentence report
make an oral or written statement to the court at sentencing.
Your oral or written statement at sentencing is important! Only you can really explain the impact of the crime upon your life.
restitution
information about the conviction, sentence, imprisonment, and release of the accused
an explanation of the appeal process, to be advised if the defendant has been released on an appeal bond, to be advised of the time and place of appellate court proceedings, and to be advised of the result of an appeal
prompt return of your property taken during an investigation, except as otherwise provided by the law
