In Michigan, a victim is an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime (PDF).
The Michigan Constitution and the Crime Victim Rights Act (PDF) grants crime victims the following rights:
Victim Advocates provide comprehensive services to assist victims through the criminal justice system.
Services include court accompaniment, court notification, preparing victims for testimony, crisis intervention, providing emotional support, ensuring victims understand the criminal justice system and their rights under the Crime Victim Rights Act. They also connect victims to community resources and referrals.
Advocates assist victims with filing Crime Victim Compensation claims and Michigan Crime Victim Notification registration.
The Department of Attorney General is excited to be part of this important new program. Now that the bill has been signed into law, we are beginning to meet with stakeholders from across state government to create an online system that survivors can use to register with our office.
We’re still in the early planning stages but we anticipate that it may take awhile to create a system that meets the requirements of the law and can be easily accessed by the people who need it the most.
Though the law provides the Attorney General with two years to implement the system, we will be working as quickly as we can because we recognize the importance of the critical protections that this law provides.
Throughout our development, we will also strive to keep the public updated on our progress by posting updates on our website so please check back periodically to see how we’re doing.
1. Report the crime to law enforcement. If you don't report the crime, you cannot exercise your rights. No investigation will occur. No one will be arrested and tried in court.
2. Law enforcement investigates the crime. They may interview witnesses, take photographs of the crime scene, look for fingerprints, etc.
3. Warrant request. If law enforcement thinks their investigation has gathered enough evidence, they will submit a warrant request to the prosecutor with suggested criminal charges. The prosecutor may ask law enforcement to do further investigation. If there is sufficient evidence, the prosecutor may authorize an arrest warrant.
4. Arrest. Law enforcement takes the suspect into custody and lodges them in the county jail.
Crime victim compensation may help crime victims, who sustained a personal physical injury, and their immediate families with the financial costs of crime.
Crime victim compensation may pay some of the costs incurred as the result of a person being injured or killed during a crime.
Crime victim compensation does not pay for stolen or damaged property.
Crime victim compensation does not reimburse costs paid by medical insurance, auto insurance, homeowner's insurance, Medicaid, Medicare, worker's compensation, veteran's benefits, social security benefits, or any other source.
Up to $25,000 total in eligible costs, including:
The law requires that:
Michigan has two basic categories of crime: felonies, and misdemeanors. A felony is any crime for which the punishment can be over one year in prison. If the penalty is less than a year of incarceration, then it is generally a misdemeanor.
The following definition of crime victim applies to victims of all felonies, and "serious misdemeanors". The list of serious misdemeanors is outlined in the Crime Victim Rights Act (CVRA).
Under the CVRA, a victim is one of the following:
If a criminal has several victims but is only convicted of the crime against one or some of the victims, the other victims will need to talk with the prosecutor to see if they may qualify for restitution.
In addition, if businesses and governmental agencies suffer direct physical or financial harm as the result of a crime, they may qualify as victims deserving restitution.
When a person is arrested, they have to be brought in front of a judge within 48 hours (72 hours on a week-end) for an arraignment, at which time the judge will most likely release the person on bond. If the arrested person is considered too dangerous to release, the judge can keep the person in jail.
After sentencing, if a defendant is incarcerated in either the local jail or a state prison facility, you have the right to ask the Sheriff (jail) for a calculation of the earliest release date, or the Michigan Department of Corrections (MDOC) for a calculation of the earliest possible parole eligibility date.
You will need to contact the Sheriff's office or the MDOC to receive this information. You may contact the MDOC by calling Crime Victim Services at 517-373-4467 (toll-free 877-866-5401).
Michigan has an automated Michigan Crime Victim Notification Network (MCVNN). MCVNN is free, confidential, and provides 24 hour access to offender custody or case information; the ability to verify an offender's custody status; and automatic notification to registered victims and concerned citizens of a change in offender custody or case status.
If the prisoner is under the jurisdiction of the Michigan Department of Corrections, MCVNN will contact you by telephone. If you are asking for notice on county jail inmates or court hearings, you will receive notice by telephone, email, or by text message.
Telephone - MCVNN will call you with a recorded alert, and will continue to call at a pre-determined frequency until you enter your four-digit Personal Identification Number.
Email - If you sign up for email, you will receive only one message, which will include instructions on how to proceed. You will need to add the following email address to your email address book or white-list to prevent VINE email notifications from being blocked by a spam filter.
Text message - You will receive only one message. You are responsible to pay any standard text messaging rates that applies to your text message service.
Note: MCVNN covers most, but not all counties. Ask your victim advocate if MCVNN is appropriate for your county.
You will receive the same notifications a victim receives.
When you are notified that the prisoner is going to be considered for parole, you may submit your concerns in a written statement, which will be factored into the Board's decision to grant or deny parole.
A personal protection action involves seeking an order from the court to protect you from harassment, assault, beating, molesting, wounding, or stalking by another person. The order can also prohibit a person from entering your premises and from removing minor children, unless the removal is part of court-ordered parenting time. The person filing the petition for personal protection is called the petitioner. The person to be restrained by the personal protection order is called the respondent.
There are two types of personal protection actions: domestic and nondomestic. A domestic personal protection order can be obtained if you have or had an established relationship with the other party or have a child in common.
A non-domestic personal protection order can be obtained if you want to prevent threatening or violent behavior by someone with whom you have not had any form of domestic relationship; this type of order is also referred to as an order against stalking.
You do not need an attorney to obtain a PPO, but you will need to go to your local court and talk with a judge about why a PPO is important to your personal safety. There are three different types of PPO's:
A domestic relationship personal protection order (PPO) is a court order to stop threats or violence against you by a person with someone you have/had a domestic relationship relationship. You have a domestic relationship with a person who is:
Michigan Legal Help's website provides additional information about domestic relationship PPO's and what they are, how it can help and what to expect. They also provide a guide to legal help.
A non-domestic personal protection order (PPO) is a court order to stop stalking or harassing behavior, and may also be called a stalking PPO. With a nondomestic PPO, the Petitioner is requesting protection from the Respondent. The Respondent cannot be someone with whom you have a domestic relationship.
Michigan Legal Help's website provides additional information about non-domestic PPO's and what they are, how it can help and what to expect. They also provide a guide to legal help.
A non-domestic sexual assault personal protection order (PPO) may also be called a sexual assault PPO. A sexual assault PPO is a court order to protect you from someone who:
With a non-domestic sexual assault, the Petitioner is requesting protection from the Respondent. The Respondent cannot be someone with whom you have a domestic relationship.
Michigan Legal Help's website provides additional information about non-domestic sexual assault PPO's and what they are, how it can help and what to expect. They also provide a guide to legal help.
Many immigrants are fearful of admitting that they have been a victim of a crime in part because they believe they will be removed (deported) from the United States if they report the crime. Officials such as police officers, healthcare providers, judges, prosecutors and community advocates such as those found in women’s shelters and sexual assault crisis centers are often the first to see the signs of violence and are therefore in a unique position to provide information and assistance to those who have been victims.
U.S. law provides several protections for legal and undocumented immigrants who have been victims of a crime. Often victims are unaware of such protections, thus frontline workers serve as a critical link for immigrant victims. There are specific protections for victims of domestic violence, victims of certain crimes, and victims of human trafficking. All agencies within the Department of Homeland Security (DHS), including USCIS, are legally prohibited from disclosing that a victim has applied for VAWA, U or T visas or other immigration protections.
The T nonimmigrant status (or T visa) provides immigration protection to victims of severe forms of trafficking in persons who assist law enforcement in the investigation and prosecution of human trafficking cases.
Your safety should be the top priority. Be sure you are a in a safe place and then contact law enforcement immediately.
Additionally it would be advisable to contact your prosecutor. If the defendant contacts you this may be a violation of a bond condition, may result in additional charges, or a violation of a No Contact order or PPO.
