kent county dvccrt

Legal System

Dealing with the Criminal Justice System

Abuse is always wrong, but it only becomes a crime under certain circumstances. It is a crime when there is physical violence or a weapon is involved or your assailant is stalking you.

Some tips that may help you deal with the Criminal Justice System:

• Be as specific as possible about what has happened when talking to police officers or prosecutors. For example, tell the officers that "he slapped me twice in the face than kicked me in the right leg," rather than "he beat me."
• Show the police or advocates any injuries you have. Notify the police or advocates if bruises get worse after police have taken pictures. You can take your own pictures, but be sure to write down the date and time the picture was taken.
• Let police and prosecutors know about any witnesses.
• Show police or prosecutors any no-contact or personal protection orders. Let them know about past assault, or past violent behavior of the defendant. Let them know if you want a no contact order as part of bond.
• Get as much information as possible, for example, incident numbers from the police, or the name of your detective.
• As the victim of a crime, you may have certain rights under the Crime Victim's Rights Act.
• Keep this booklet with you.

Legal Terms

Alleged This word is used by the legal system to indicate something that has not yet been proven. You may hear "alleged" assailant or "alleged" victim.

Arraignment This is when the judge informs the defendant of the charges against him, his constitutional rights, and the conditions (including no contact orders) and amount of his bond. At the arraignment the defendant enters a plea.

City Attorney The prosecutor that works for the city instead of the county. If the criminal charges are prosecuted as violations of city ordinances, ordinarily it will be the city attorney who will prepare and present the case against the assailant (defendant).

Complainant The person, city, or state that files a suit, makes a complaint or presses charges.

Defendant (or Respondent in a PPO) This is the person who is charged with the crime or the person whom the suit is filed against. If the assailant is arrested, he becomes the defendant.

Defense Attorney The lawyer who represents the defendant in a criminal case. If the defendant has no money for an attorney, the court may appoint an attorney to represent him.

Plaintiff (or Petitioner in a PPO) The person, city or state who sues or files the complaint. (same as complainant) (only the government presses charges in a criminal case)

Plea The person who has been charged will, at some point, "enter a plea", telling the court he is guilty or not guilty of the offense with which he is charged. Pleas also include standing "mute" or pleading "no contest". "No contest" pleas are treated as guilty pleas by the sentencing judge. "Standing mute" is treated as a not guilty plea.

Probable Cause Your statements, visible injuries, statements by witnesses, destroyed property, and anything else that causes an officer to believe that a crime took place. This is sometimes called "reasonable cause."

Prosecutor The attorney employed by the city or county. If the charges are prosecuted under state law, it is the county prosecutor who will prepare the case and present the evidence against the assailant.

Subpoena An official order of the court which tells people they MUST come to court. You may get a subpoena as a witness and if so you must show up at the designated time and place.

Suspect The term used to refer to the person the police suspect committed the crime.

Venue The neighborhood, place or county where the incident occurred. It can mean the geographical division for the court in which a prosecution is brought for trial.

When The Police Are Called

The following is an explanation of the process in a criminal case.

Each police jurisdiction has a different policy for arresting suspects in a domestic violence assault. Your experience with the police may depend on where you live and sometimes which officer responds to the call. The law says that a police officer does not need to see the assault to arrest the assailant if he or she has probable cause to believe an assault took place.

All police departments in Michigan must have a written policy that emphasizes arrest as the preferred response in domestic violence situations when there is probable cause that a crime has been committed (Public Act 69, 1994). The decision to arrest, however, depends on the particular officer's assessment of the situation.

Most police departments have arrest policies that encourage arrest if they have probable cause to believe a crime took place. in most cases, the police will seek prosecution. Probable cause could include your statements, visible injuries or witness statements.

A police officer intervening in a domestic assault call must provide the victim with a printed statement containing information about shelter programs, prosecutor's office, and other services in the community, as well as information regarding the victim's legal right to obtain a personal protection order against the abuser. The statement must also advise the victim of the name and telephone number of the responding police officer and directions on how to obtain a copy of the police report.

In addition, police officers must complete and file a domestic violence incident report after investigating a domestic dispute or report of domestic violence. The report must include time, place, victim, suspect, existence of a personal protection order, witnesses, weapon used, and description of any injuries, etc. and must be sent to the prosecutor's office within 48 hours.

Domestic Assault Response Team (D.A.R.T.)

When the police are called, you may receive a visit or a follow up phone call from the Domestic Assault Response Team (D.A.R.T.). D.A.R.T. is dispatched by the Grand Rapids Police Department to assist domestic assault victims. The team helps the victim understand their rights, arranges for shelter or transportation to a safe place and provides more information about the police, the court system, and community resources.

If No Arrest Is Made

If no arrest is made or if you did not call the police at the time of the assault, you may call the police department or detective bureau the next day. Pictures can be taken at that time also. You will be given a time to come in and talk with the detective. There will be forms to fill out. If a detective finds that there is enough evidence to seek a warrant, he or she will take the information to a prosecutor. An investigation can take up to a week or more, depending on the circumstances.

If An Arrest Is Made

If an assailant is arrested, he will be taken to the Kent County Jail. There may be an investigation and you may be asked to provide a statement about what happened. This does not mean that you are pressing charges. The city or state is pressing charges and you are a witness.

The case will then go to the prosecutor or city attorney's office for authorization. If there is sufficient evidence available in the opinion of the prosecutor or the city attorney that a criminal offense can be proven beyond a reasonable doubt in a court of law, then a warrant may be authorized.

It is possible that while a prosecutor believes that an assault actually occurred, the suspect may not be charged because it appears that the case cannot be proven beyond a reasonable doubt. The police officer may sign the complaint based on "information and belief". If the complaint is signed, the case proceeds and the defendant will be held until the next court session when he will be arraigned. If it is a weekend, the person will still see a judge and a bond will be set, usually including an order to have "no contact" with you.

Prosecutor's Office

The Prosecuting Attorney appears for the State or County in all criminal prosecutions in Circuit Court and District Court, as well as appearances in delinquency and neglect proceedings in the Family Division of the Circuit Court.

The office is divided into the following divisions: Criminal, Appellate, Family Law and Juvenile. Each division has specific attorneys assigned to it and is structured to serve that division's unique needs.

The Prosecuting Attorney's office is responsible for other legal functions, including:

• Keeping victims notified on the status of their case (Victim Witness staff) and informing them of their right to participate;
• Representing custodial parents in support and paternity proceedings;

When the Assailant Is Charged

Once the complaint is authorized, the defendant will be arraigned in front of a district court judge, either in person or by remote video. He will be informed of the charges against him and of his constitutional rights. Conditions and amount of bond will be set. In most cases, the defendant will be released on bond, but for your protection, the court may put a no-contact condition on his bond.

No-Contact Bond Condition

This is an order that tells a defendant he must not have contact with you in person, by phone, by mail ,or indirectly. This means that you should not initiate contact with the defendant without the court's permission. The order is not against you, but it can effect what happens in the case. The order is a condition of the defendant's bond unless the judge removes or changes the order. You can be present at the arraignment and request to speak with the judge about bond conditions.

Police officers can arrest without a warrant when a defendant violates a no-contact order. If they do not arrest, contact the police department to make a report, ask for an incident number and report the contact to the court where the order was issued. If the defendant is contacting you by phone, list all of the calls. Record calls on an answering machine or have someone else listen in. Your local phone service provider can usually trace harassing phone calls, but they will need a police report case number when you call. Save any letters or other mail and keep a record of when you receive them. You should notify the detective in charge of your case, or the court of any violations of the no-contact order. The process after arraignment is different for felonies and misdemeanors, but both are arraigned in district court.

Misdemeanor Charges

Plea At his arraignment, the defendant will enter a plea of guilty, not guilty, no contest, or stand mute. If the defendant pleads guilty or no contest, a pre-sentencing report is ordered. If the defendant pleads not guilty or stands mute, then there is a pre-trial conference at a later date. The defendant can change his plea to guilty at any time during the following stages.

Pre-Trial Conference This is a conference with the prosecutor and the defendant and/or his attorney only. They will meet to discuss whether the defendant will plead guilty to the crime charged or a different offense. If the defendant does not plead guilty, he may choose between a jury or a bench (judge only) trial. If the defendant chooses a jury trial, a jury selection will be scheduled before the trial date.

Trial The prosecutor will try to prove that the defendant is guilty of committing the crime, beyond a reasonable doubt. The prosecutor, or city attorney in some jurisdictions, may call witnesses to testify in an effort to do this. The defendant is not required to call witnesses, nor is he required to testify but he can if he wishes. You may receive a subpoena. If so, you must be present and you may need to testify. If the defendant is found guilty, the judge will refer him to the pre-sentencing department.

Sentencing If the defendant is convicted, the probation department will usually prepare a pre-sentencing report. At sentencing, the judge will have considered the probation department's report and its recommendation. An important part of the pre-sentencing report is your input. In domestic assault cases, you will receive a victim-impact statement from the court and your response will be part of the report the judge will read. You also have the right to make a statement at sentencing. (note: victim impact is not always available) The judge may order the defendant to serve time in jail, do community service, or to enter counseling and has the option of ordering the defendant to make restitution to you. A no-contact order may be part of his probation.

Appeal The defendant has the right to appeal his conviction or sentence. Those defendants who plead guilty or no contest may appeal only under limited circumstances.

Felony Charges

Circuit Court Arraignment The defendant is advised of the charges against him in front of a circuit court judge.

Pre-Trial This is a hearing before a misdemeanor judge to see if the right person was probably charged with the crime. you might get a subpoena for this court proceeding, and if you do, you must appear as directed. Sometimes, instead of demanding that the prosecutor prove to the judge that the right person was probably charged with the crime, the defendant might plead guilty to a plea offer, or waive (give up) his right to the hearing to think about the plea offer. you should be prepared to tell the prosecutor or the victim witness advocate what you would like to see happen. That is not a guarantee it will happen (a lot of things go into what plea offer, if any, is made), but your input is very important. If the judge finds probable cause to believe the defendant committed a felony, either because evidence was presented that convinced the judge of that, or the defendant waives his right to a hearing, it will be "bound over" to Circuit Court for more things to happen. in Circuit Court, there may also be motions or hearings before a judge about technical or legal issues.

Pleas Many defendants will plead guilty at some time during the process. This means that the case will not go to trial.

Trial The defendant can choose a jury trial or a bench trial (the judge decides if he is guilty). In a trial the prosecutor must prove beyond a reasonable doubt that the defendant is guilty of committing the crime with which he is charged. The defendant does not have to call witnesses, or testify, but he can if he wishes. You may receive a subpoena. If so, you must be present and you may have to testify. A bench warrant can be issued if you don't show up. If the defendant is found guilty, the judge will refer him to the pre-sentencing department.

Sentencing If the defendant is convicted, the probation department will prepare a pre-sentencing report. At sentencing, the judge will have considered the probation department's report and its recommendation. An important part of the pre-sentencing report is your input. You will receive a victim-impact letter from the court. Your response will be part of the report the judge will read. You also have the right to make a statement at sentencing .The judge may order the defendant to serve time in jail, do community service, or to enter counseling and has the option of ordering the defendant to make restitution to you. A no-contact order may be part of his probation.

Appeal The defendant has the right to appeal his conviction or his sentence. Those defendants who plead guilty or no contest may appeal only with the permission of the court.