Felony Victims' Rights

INGHAM COUNTY PROSECUTING ATTORNEY'S VICTIM-WITNESS PROGRAM

FELONY VICTIMS' RIGHTS HANDBOOK

Ingham County Prosecutor

An opening comment by your Prosecuting Attorney

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

Being the 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.

CRIME VICTIMS' RIGHTS

You have these rights under the Michigan Constitution. This is your chance for help to balance the scales of justice

Right concerning immediate needs:

You will be notified within 24 hours:

By the police agency regarding emergency and medical services.

About victims' compensation benefits and the address of the Victims' Compensation Board.

Of the eligibility requirements for compensation, as well as the receipt of funds if eligible.

Of the telephone number of the police agency to call to determine if the defendant has been released from custody.

Of court procedures.

Of the procedures to follow if you are threatened or intimidated by the defendant.

Rights during prosecution:

To be present during the entire trial, unless you are scheduled to testify.

To be free of threats and acts of discharge by your employer because you are a subpoenaed witness.

To be provided with a waiting area, separate from the defendant, their families and witnesses, if possible.

To consult with a prosecuting attorney to give your views about the disposition of your case.

To receive the name of the person to contact within the Prosecutor's Office for information on your case.

Rights during prosecution provided only upon your request:

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

To confer with the prosecuting attorney prior to jury selection and trial.

To receive notice of the defendant's escape if he or she is awaiting trial.

To receive written notice of conviction.

To receive notice of address and phone number or the probation department which is preparing the presentence report.

To have your Impact Statement included in the presentence report.

To make an oral impact statement to the pre-sentence investigator and court at the time of sentencing.

To be notified of the time and place of sentencing.

Post-sentence rights provided only upon your written request:

To take advantage of these post-sentence rights, you must inform the Sheriff (if defendant was jailed) or the Department of Corrections (if the defendant was sent to prison) that you want to be notified. It is your responsibility to keep them informed of your current address.

To be notified of the location where the defendant is to be confined.

To receive within 30 days of your request a notice of your request, as well as a notice of the defendant's earliest possible release date.

To be notified of release, or pending release, of the defendant to a community residential program, extended furlough or transfer to community status.

To be promptly notified of a defendant's escape.

To submit a written statement to the parole board or member of the panel having authority over defendant's release on parole.

To be notified 90 days prior to defendant's release, if practical.

To be notified of hearing on reprieve, commutation or pardon of sentence.

YOUR OBLIGATIONS AND RESPONSIBILITIES TO OUR COMMUNITY AS A VICTIM OF A CRIME

- Report the crime immediately

- Cooperate fully with law enforcement officials

- Cooperate fully with the Prosecutor's Office

- Testify honestly and immediately

- Immediately notify the Victim-Witness Unit in the event of a change of address or telephone number.

THE CRIMINAL JUSTICE SYSTEM

As the victim of a crime, your help is very important to our system of criminal justice. When victims report a crime and testify, they help to make our community a safer place to live. The following information will explain, step by step, what may happen in your case:

1. A crime is committed.

2. The police are notified.

3. An investigation is begun, and witnesses are identified.

4. The victim receives a victim assistance card.

5. The police agency's investigation is completed.

6. The police request a warrant from the Prosecutor's Office.

7. The case is evaluated by the Prosecutor: A warrant is issued.

8. The suspect is arrested, and stolen property is recovered and either returned or held for evidence.

9. A victim information packet is sent. Crime Victim Compensation services are arranged.

10. A district court preliminary examination is held (Victims and witnesses may testify). A victim advocate is available upon request.

11. If the defendant is bound over to Circuit Court, an arraignment and pre-trial are held prior to the trial date.

12. A courtroom trial is held (the victim or witness will testify). A victim advocate is available upon request.

13. Defendant is found guilty or not guilty.

14. The defendant is sentenced or released based upon the verdict.

DEFINITION OF LEGAL TERMS

Adjournment: A delay in the processing of a case at the request of the defendant, the People or the Court.

Arraignment: A court hearing where the defendant is informed of the charges against him or her and the bail is set by the Judge.

Bail/Bond: The amount of financial security which the defendant has to post with the court to insure his or her appearance at later proceedings.

Bindover: A finding at preliminary examination that sufficient evidence exists to require a trial at the Circuit Court level on the charges made against the defendant.

Circuit Court: The highest trial court in Michigan. All felony trials are held in this court.

Crime: An act in violation of state criminal law. In Michigan, a criminal act can be a misdemeanor or a felony.

Defendant: A person who is charged with a crime.

Deliberate: As applies to a jury, the weighing of evidence at trial's end, for the purpose of determining a defendant's guilt or innocence.

Dismissal: The dropping of a case by decision of the court.

District Court: Jurisdiction of all misdemeanors for which punishment does not exceed one year, as well as the arraignment, setting and acceptance of bail and conducting preliminary examinations in felony cases.

Felony: A crime punishable by one year or more in state prison.

Jury: A group of men and women sworn at each trial to consider the evidence presented and deliver a verdict or decision in that proceeding.

Misdemeanor: Less serious offenses, punishable by a fine or up to one year in the county jail.

Motion: A hearing held before the court requesting a certain ruling or decision on various issues related to a case.

Parole: Conditional release of a defendant from prison by parole board prior to completion of the sentence.

Perjury: A deliberate lie or untruth made under oath, which is a felony.

Preliminary Examination: A hearing in a felony case before a District Judge who decides whether there is enough evidence to believe that a crime has been committed, in order that the case can be bound over to Circuit Court for trial.

Pre-Sentence Investigative Report: An investigation done by the probation department regarding the victim's feelings on sentencing, as well as relevant information about the defendant. The written report is designed to act as a sentencing guide for the judge.

Restitution: An amount of money determined by the court to be paid to the victim of a crime for property loss or injuries caused by the defendant's criminal act.

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

Victim: An individual who suffers direct physical, financial and/or emotional harm, or is threatened as a result of the commission of a crime.

Warrant: A written document issued by the judge or magistrate which authorizes the police to arrest a person accused of committing a crime, and bring him or her before the court to answer the charges.

TESTIFYING

Being a witness will take some time. Bringing a defendant to trial is often a lengthy process. Cooperation and involvement in the criminal justice system is the first step to successful prosecution.

Suggestions:

- The most important thing is to tell the truth.

- Speak clearly and loudly enough so that all can hear.

- Be serious in your approach.

- Be courteous in your response.

- Do not lose your temper.

- Do not argue on cross-examination.

- Don't try to memorize your testimony.

- Dress properly and have a neat appearance.

- Listen carefully to the questions that are asked and give thoughtful, considered answers.

- Answer directly and simply.

- Don't give your opinions or feeling unless you are asked.

- Stop instantly when a judge interrupts or an attorney objects to a question.

Threats:

If you, as the victim of a crime, receive a threat from the defendant or from any other person in relation to your case, you should immediately report it to your local police agency. Be sure to explain that you are a crime victim, and that you have been threatened in relation to the crime.

Witness Compensation:

A witness will receive $6.00 for each half-day and $12.00 for each full day that he or she is called to testify. The witness will also be paid ten cents per mile. These amounts are set by law.

Witness Parking:

You may park at meters around the Courthouse. Witness Services cannot pay parking tickets.

INGHAM COUNTY PROSECUTOR'S OFFICE

303 West Kalamazoo St., Lansing, MI 48933

Located two blocks south of the Capitol

(517) 483-6108

Victim/Witness Unit

Trixie Brown, Felony Crimes: 483-6254

Martha Mitchell, Felony Crimes: 483-6257

Carey Keller, Felony Crimes: 483-6258

Elizabeth Savage, Juvenile Crimes: 483-6255

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