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Victim Services Frequently Asked Questions
Listed below are some of the most frequently asked questions that our office receives on a daily basis. If you have a question that is not addressed here, please feel free to contact us.
Who is considered a "victim" under the Michigan Crime Victim's Rights Act?
Is someone available to accompany me to court?
Can I get reimbursed for financial loss as a result of the crime?
Will I be able to give input concerning the sentence?
Will I be notified when the defendant is eligible for parole, and can I have input on this proceeding?
Will the defendant be able to find out where I live and work?
Will a plea bargain be offered in my case?
Why does it take so long for my case to get to court after it was reported to the police?
As a victim, can I drop the charges?
Who is considered a "victim" under the Michigan Crime Victim's Rights Act?
Under the Michigan Crime Victims Rights Act, a crime victim is defined as an individual who suffers direct or threatened physical, financial or emotional harm as a result of the commission of a crime. This definition may also include the spouse, child, parent, guardian, sibling or grandparent if the victim is deceased as a result of the crime. If the victim is either emotionally or mentally unable to participate in the legal process, then his or her parent, guardian or custodian may exercise their rights. Misdemeanor property crime victims are only covered for purposes of restitution.
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Is someone available to accompany me to court?
A Victim Advocate from the Prosecutor's Office is available to meet you in court, explain the legal proceedings to you, and answer any questions you may have. You may also feel free to call them for updates on your case as it progresses through the system. You can contact the Victims Services Section of the Oakland County Prosecutor's Office at 248-858-0707.
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Can I get reimbursed for financial loss as a result of the crime?
If you suffered personal injury as a direct result of a crime, you may be eligible for reimbursement of out-of-pocket expenses you have incurred through the State of Michigan's Crime Victims Compensation Board. Assistance may include compensation for medical expenses, funeral costs, counseling, rehabilitation, and loss of earnings or loss of support resulting from an injury which is the direct result of the crime. In order to apply for compensation, you must fill out an application form and file your claim with the Board no later that one year from the date the crime occurred. The Victim Services Section of the Prosecutor's Office can provide you with the necessary forms and application, as well as help answer any questions you may have filling out the form.
Additionally, a court may order, at the time of sentencing, that the defendant reimburse you for any other financial loss suffered as a result of the crime. For example, you can be reimbursed for money spent to repair damage to your property, or to replace a stolen item.
It will be necessary to provide receipts and documentation of any expenses you are requesting reimbursement for, both through the Michigan Crime Victims Compensation Board, as well as for court-ordered restitution of a defendant.
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Will I be able to give input concerning the sentence?
You have a right to make a written or oral statement regarding the impact that the crime has had on you for use in the preparation of a pre-sentence investigation report that the judge considers before imposing sentence. Additionally, you also have the right to make an impact statement to the judge directly in court on the sentencing date.
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Will I be notified when the defendant is eligible for parole, and can I have input on this proceeding?
If the defendant is sentenced to prison (a minimum of a one-year sentence), you have the right to appear in person before the Parole Board in Lansing, or submit a written statement for consideration before the Board begins consideration of parole. Additionally, assistant prosecuting attorneys in the Parole Appeal Section of the Oakland County Prosecutor's Office are available to attend the parole board hearing with you as your representative, explain all of the procedures, and advocate on your behalf. If you would like to take advantage of this assistance, please contact the Parole Appeal Section at 248-858-8795 as soon as you receive written notice from the Parole Board that the defendant is being considered for parole. You will not receive written notice of the defendant's parole if you do not request your rights with the Victim Services Section of the Oakland County Prosecutor's Office and fill out a Michigan Department of Corrections form.
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Will the defendant be able to find out where I live and work?
The address and phone number of victims and witnesses are kept confidential and are not listed in the court file or court documents. The only exception to this would be if the crime occurred at the victim's home or place of work, since the location of the crime must be established in court.
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Will a plea bargain be offered in my case?
A charge reduction occurs only in a very limited number of cases where there is difficult proving all of the elements of the original charge. Prior to offering to reduce a charge, the victim and the officer in charge of the case are always consulted for their input and recommendation.
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Why does it take so long for my case to get to court after it was reported to the police?
After you report the crime to the police, a thorough investigation is conducted by the police department. Witnesses need to be interviewed and evidence needs to be examined and, in some cases, tested. Sometimes the delays occur in attempting to locate the suspect and have him or her interviewed. After charges are filed by the Prosecutor's Office and the defendant is arraigned on the warrant, a preliminary examination hearing date will be scheduled within 14 days. If the defendant is in custody, a trial date will be scheduled within 6 months. If the defendant is on bond awaiting trial, a trial date will be scheduled as soon a possible, but generally after in-custody defendants.
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As a victim, can I drop the charges?
The Prosecutor's Office represents the People of the Sate of Michigan and the victim in a criminal case. Your input as the crime victim will definitely be taken into consideration. In general, prosecution must go forward despite a victim's desire to drop charges to ensure the safety and protection of the victim and the community at large.
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