Crime Victim Rights Unit
Crime Victim's Rights - Table of Contents
Victim’s Rights Overview
In 1985, the State of Michigan enacted the Crime Victim’s Rights Act, creating comprehensive rights of notification and participation in all stages of the criminal justice process for felony crime victims in Michigan. In 1988 the law was amended to include the victims of serious misdemeanors and juvenile offenses.
The law creates a duty for police agencies, sheriffs, the Department of Corrections, prosecuting attorneys, courts and other agencies to include crime victims within the formal conduct of investigative, judicial, sentencing and post sentencing proceedings.
The county prosecuting attorney provides a substantial amount of additional case management and advocacy work under the Act. To comply with the Crime Victim’s Rights Act, Macomb County has established the Crime Victims’ Rights Unit. 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 Contact 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
Johanna Delp, Coordinator
Tracee Anderson, Victim Advocate
Kelly Cosgrove, Juvenile Crime Victim Advocate
Heather Dickerson, Victim Advocate
Kay McGuire, Victim Advocate
Heather Morman, Victim Advocate
Karen Phillips, Victim Advocate
Michele Van Laan, Senior Crime Victim Advocate
Becky Schaft, Secretary
Tracy Gatto, Secretary
Crime Victim Forms
Crime Victim Links
24/7 Help: 866-277-7477
Domestic Violence (Turning Point)
24 Hour Crisis Line: 586-463-6990
Call 211 – for information about resources such as: crisis lines, shelter information, counselling, services and utilities assistance.
Macomb County Crisis Center – 586-307-9100
Salvation Army – 586-469-6712
Macomb County Health Department – 586-469-5235
Family Youth Interventions – 586-758-7040
Salvation Army, MATTS – 586-755-5191
Turning Point – 586-463-6990
Child Protective Services – 586-412-6150
Adult Protective Services – 855-444-3911
Lakeshore Legal Services, Inc. – 586-469-5185
Macomb County Bar Association – 586-468-8300
Dispute Resolution Program:
The Resolution Center – 586-469-4714
Turning Point, Inc. (24 hr) – 586-463-6990
Turning Point, SA Program – 586-468-6118
Sexual Assault Nurse Examiner – 586-463-6990
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.
Victim’s 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.
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.
- 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.
Personal Protection Order
PPO Assistance Center Information
Personal Protection Order Assistance Center
40 North Main, 1st Floor
Mount Clemens, MI 48043
Phone: (586) 469-7494
In a Personal Protection Order (PPO), the court orders an individual to stop threats or violence against you. According to the court rules, the proceeding to obtain an order is called a “personal protection action.”
The following describes the three types of PPOs:
(1) Domestic PPO – when the person you want protection from is:
- Your spouse or former spouse
- Someone with whom you have a child in common
- Someone you are dating or used to date
- Someone who lives now or has ever lived in the same household as you
You must demonstrate to the Court that this person is interfering with your personal liberty or has threatened to or has committed violence against you.
(2) Non-Domestic Stalking PPO – when the person you want protection from has engaged in a pattern of two or more non-continuous acts, without your consent, that make you feel threatened, harassed, frightened, or molested.
(3) Non-Domestic Sexual Assault PPO – when the person you want protection from has been convicted of sexual assault against you or subjected you to, threatened you with, or placed you in reasonable apprehension of sexual assault, or if you are a minor child furnished you with obscene material.
Note: You may not get a PPO against your minor child. Likewise, a minor child cannot obtain a PPO against a biological parent (unless emancipated). In these cases, contact the Juvenile Division of the Macomb County Circuit Court at 586-469-5195.
How to Get a Personal Protection Order in Macomb County Circuit Court:
Information for victims of sexual assault
- You can have a sexual assault medical forensic examination and have evidence collected using a sexual assault evidence kit even if you do not want to participate in the criminal justice system or cooperate with law enforcement.
- You cannot be billed for the cost of administering the sexual assault evidence kit. If you receive a bill for these services, contact the Michigan Crime Victim Services Commission at 517-373-7373.
- You have the right to ask the investigating law enforcement agency for the contact information for the detective or investigating officer assigned to the case, whether the case has been submitted to the prosecuting attorney’s office for review, and whether the case has been closed, and the document reason for closure.
- If you has a sexual assault evidence kit collected and released to law enforcement, you have a right to ask the investigating law enforcement agency for the following information: when the sexual assault evidence kit was sent to a forensic laboratory for testing; whether a DNA profile was obtained from the sexual assault evidence kit; whether a DNA profile was entered into CODIS; and, whether a DNA profile resulted in a CODIS hit.
- Your legal rights include the right to go to court and file a petition requesting a Personal Protection Order (PPO)/Restraining Order to protect you from the perpetrator. The PPO could order the perpetrator not to have contact with you and include specific conditions.
Other Contact Information
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
For inmate status and post-conviction status contact the following agency:
Macomb County Sheriff Department
43565 Elizabeth Road
Mt. Clemens, MI 48043
For post-conviction status contact the following agency:
Michigan Department of Corrections Grandview Plaza Building
P.O. Box 30003
206 East Michigan Avenue Lansing, MI 48909
(877) 886-5401 Toll Free
A subpoenaed witness will receive $6.00 for each half day and $12.00 for each full day that they are called in to testify. The subpoenaed witness will also be paid 10 cents per mile. These amounts are set by law.