Legal System
Crime Victim's Rights Act
The State of Michigan guarantees crime victims a Bill of Rights based on an amendment to the state constitution in 1988. Below is a summary of these rights:
You have the right...
- to be treated with fairness and respect throughout the criminal justice process.
- to be reasonably protected from the accused throughout the criminal justice process.
- to be notified of the telephone number of the police department to contact.
- to determine if the defendant has been released from custody.
- to have your property which was taken during the investigation promptly returned to you except as otherwise provided by law.
- to a timely disposition of the case following the arrest of the accused.
- to receive an explanation of court procedures.
- to receive an explanation of procedures to follow if threatened or intimidated by the defendant.
- to be present throughout the entire trial unless you are called as a witness.
- to be free from threats of discharge from your employer because you are subpoenaed by the prosecutor to come to court.
- to restitution.
- to receive notice of any scheduled court proceedings and any changes in that schedule.
- to receive notice if the defendant escapes custody while awaiting trial.
- to receive notice of the defendant's conviction and sentence.
- to make an impact statement to the court prior to sentencing.
- to receive an explanation of the eligibility requirements and address of the Crime Victim's Compensation Board.
Crime Victim's Compensation
There is a state-funded program based on the Michigan Crime Victim's Compensation Act of 1976 that may be able to provide financial assistance to domestic violence victims for medical and counseling bills as well as loss of earnings. This program provides assistance for victims who do not have insurance or public assistance to cover bills resulting from their victimization.
Below are the basic guidelines for qualifying for compensation from Crime Victim's Compensation:
- The crime must be reported to the police within 48 hours (unless good there is a good reason for a delay of the injured person is a child) and the victim must cooperate with the police and the prosecutor.
- Medical expenses must have been at least $200 or a loss of two continuous weeks' earnings must have occurred (limit excused for emergency room visits for rape victims.
- The claim must be filed within one year from the date of the injury.
- The victim who is filing the claim must not be criminally responsible for the crime or have contributed to the crime.
Property losses are not covered by this fund. It is only for medical and counseling bills. The Victim/Witness program will be able to answer any questions concerning this fund and assist you in filling out an application. More information on the program, including an application and brochure, is available at the Michigan Crime Victim Services website. You may also sue your assailant for personal injuries and property loss even if you were married. You should consult an attorney because it can be complicated and certain time limits may apply.
