The Michigan Crime Victim’s Right Act provides crime victims with basic rights and protections. The Cheboygan County Prosecuting Attorney’s Office assists crime victims in numerous areas, including, support during court hearings/trials, updating victims on case status and assisting victims in getting restitution. If you are a crime victim, please review the paragraphs below to allow us to better serve your needs.
Every victim of any crime, has the right to:
-To be present during the entire trial unless you are to be called as a witness.
-To be provided with a waiting area separate from the Defendant, his/her relatives and his/her witnesses.
-To consult with the Prosecuting Attorney in order to give your views on the disposition of the crime.
-To receive notice of any scheduled court proceeding and any change to that schedule.
-To confer with the Prosecuting Attorney prior to a trial.
-To receive notice if the Defendant escapes custody while awaiting trial.
-To receive written notice of Defendant’s conviction.
-To make an oral or written impact statement to the Judge at the time of sentencing.
**INSTRUCTIONS FOR COMPLETING ONLINE FORMS**
Activation of Your Rights
We encourage all crime victims to participate in their case. In order to receive the benefit of our crime victim services, you must activate your rights. If you wish to activate your rights, please click “Crime Victim Activation Form” link below and fill out the fields. We encourage you to complete the form. This information is confidential. After receiving your activation, I will be responding – via email – with important case information. If you have any questions or do not have email/internet capabilities and wish to activate your crime victim rights – please contact our office for further assistance.
Crime Victim’s Rights Activation Online Submission Form
MI-VNE (Michigan’s Crime Victim Notification Network)
Register for MI-VNE Notifications
(For Victims of Adult Offender Crimes Only)
MI-VNE is a free, confidential, computer-based service that provides two important services to victims: information and notification regarding crimes committed in Michigan. MI-VNE is available in English and Spanish.
- Information: For offender status or court event information, call 1.800-77-7657 or visit www.vinelink.com and follow the instructions. You can press 0 [zero] at any time to speak to an operator.
- Registration: You can register to receive county notifications by phone, email and text messaging.
- If registering a phone number, you will be asked to create a four digit personal identification number [PIN] that will be used to confirm the call was received. Make sure your PIN is easy to remember.
- No PIN is required for email or text messaging notification. You will receive one email or text message when there is a change in custody status or court event notification.
- To register for notifications concerning offenders housed in state prisons, you must contact the Michigan Department of Corrections, Crime Victim Services Unit at 1-877-886-5401 [toll free]. For additional information, visit the Michigan Department of Corrections website.
- Notification: You will be notified about the following events:
- Court Events.
- Case Number:
- Custody Status: You will be notified of custody status changes for offenders housed in county jails and Department of Corrections.
- Court Case Information: You will be notified about upcoming court events such as case status, dispositions, and hearing changes for scheduled court events.
When MI-VNE calls, listen to the message, then enter your PIN followed by the pound [#] key when asked. Entering the PIN lets MI-VNE know that you received the call and will stop the service from calling again.
Do not rely solely on MI-VNE for your safety. If you feel that you may be at risk, take precautions as if the offender has already been released.
The following links will redirect you to the information identified on the Michigan Department of Corrections Victims Services and MI-VNE websites:
MDOC – Crime Victim Services Brochure
MDOC – Crime Victim Notification Application
Women’s Resource Center
The Women’s Resource Center serves women and families in northern Michigan with free individual counseling on Domestic Violence and Sexual Assault matters. Please see the brochures below for more information.
Domestic Violence Counseling
Sexual Assault Counseling
Filing A Restitution Claim
One of the most important crime victim rights is restitution. Restitution is ordered by the Judge and is designed to financially restore the crime victim to his/her previous state or position prior to the crime. Our Courts have issued restitution in many situations, including but not limited to compensation for damaged/stolen property, counseling costs, travel expenses or funeral costs. If you believe the crime at issue has caused you financial hardship, please fill out the “Restitution Claim Form” below. Additionally, it is important that you keep all receipts/paperwork documenting your financial losses/expenditures. The Judge may request the receipts/paperwork prior to ordering restitution.
Restitution Claim Form
How Has This Crime Impacted You
After the Defendant pleads guilty or is found guilty by a jury, the Court will conduct a sentencing. All crime victims have the right to address the Judge at the sentencing. Some victims choose to orally address the Judge and others prefer to do a written Victim Impact Statement. If you wish to submit a written Victim Impact Statement to the Judge, please click on the “Victim Impact Statement Form” and explain how the offender’s conduct has impacted you and/or your family.
Victim Impact Statement
Mediation (Juvenile Offender/Victim Only)
Juvenile Mediation is usually ordered by the Probate Court and referred to as Victim Offender Mediation. The program is run by Community Mediation Services and they contact the victim to set up a time and place to meet with the juvenile charged with a crime and their parent/guardian. Juvenile offenders are encouraged to take meaningful responsibility for their actions by first apologizing. If there is a restitution issue, that can be talked about and an agreement can be made to restore the victims’ losses, in whatever ways that may be possible. Restitution may be monetary or symbolic; it may consist of work for the victim, community service or anything else that creates a sense of justice between the victim and the juvenile offender. Studies show that juvenile offenders who participate in this mediation program are less likely to offend in the future, thereby benefiting the entire community.
Community Mediation Form
MI Crime Victim Compensation Fund
The Crime Victims Compensation Act-PA 223 of 1976 (M.C.L. 18.351) created the Crime Victims Compensation Board to provide reimbursement expenses to innocent crime victims who suffer personal injury. Michigan became the 17th state to offer this program. The act was amended six times between 1985 and 1996 to expand basic program eligibility and coverage for victims. Crime Victim Services can provide innocent victims and their families with up to $25,000 in financial assistance for expenses accrued as a result of a violent crime. Visit the Michigan Department of Community Health website.
The following links will redirect you to the information identified on the Michigan Department of Community Health website:
Crime Victim Compensation Brochure
Crime Victim Compensation Application
Civil Restitution After Probation/Parole
The Crime Victim’s Rights Act provides that the court shall not impose a fee on a victim or victim’s estate
for enforcing an order of restitution. MCL780.766(20).
At sentencing or disposition, courts must order “full restitution” to any victim of the defendant’s course of conduct giving rise to a conviction or adjudication (or to the victim’s estate). Mich Const 1963, Art I, Sec 24 (1); MCL 780.766(2).
Restitution must be a condition of probation or parole, and probation officers must review files twice a year regarding payments. MCL 780.766 (11), (18).
Still, not all restitution orders are paid in full during the defendant’s term of probation. What can you do?
If your restitution order is not yet paid in full, you must be proactive to collect it. An order of restitution is a civil judgment and is recordable as a lien against thedefendant’s property. You do not have to file a separate civil lawsuit unless you have damages or losses that are not covered by the restitution order (e.g., “pain & suffering”). MCL 780.766 (13). A criminal case order of restitution never expires until it is satisfied in full. MCL 780.766 (13). It is not dischargeable in bankruptcy. 11 USC523(a)(6), (9) & 1328(a)(3).
The information provided to you in for informational purposes only and should not be relied upon as legal advice. If you wish to obtain legal advice, you should contact a private attorney for assistance in collecting the remaining restitution, or you can complete the forms yourself. Prosecuting Attorneys may also assist victims in collections. Due to space limitations, this brochure is not a complete instruction for every question that may arise. Please consult with a private attorney if you have further questions.
SCAO Forms for Garnishment Proceedings:
MC 12 Request & Writ For Garnishment (Periodic)
MC 13 Request & Writ For Garnishment (Non-Periodic)
MC 14 Garnishee Disclosure
General Guideline for Garnishments
Cheboygan Prosecutor’s Collection of Restitution
MCR. 3.101 Garnishment After Judgment
Personal Protection Order