| Am I a "crime victim"? |
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Under the Crime Victim's Act, a "victim" is an individual who as suffered direct or threatened physical, financial, or emotional harm as a result of the commission of a crime. If the victim is deceased, then that person's spouse, child, parent, guardian, or grandparent might qualify. If the victim is a minor (under age 18), then the victim's parent, guardian, or custodian may choose to exercise the child-victim's rights. If the victim is mentally or emotionally unable to participate in the legal process, then his or her parent, guardian or custodian may exercise the rights. |
| Can you tell me what the defendant's sentence will be? |
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Sentencing in Michigan varies with the crime and can be the most confusing part of the criminal process. A few crimes have mandatory sentences, but most often the sentences are at the Judge's discretion. In determining a sentence, the Judge reviews a pre-sentence investigation report that has been submitted by a probation agent. In preparing the report, the probation agent gathers information about the defendant's educational and family history, the crime committed, and the impact of the crime upon the victim. The Judge also will use the Michigan Sentencing Guidelines to determine the length of the sentence. Defendants have an opportunity to read the pre-sentence report. Any comments you make as a victim to the probation officer will be included in this report.
Typically, defendants convicted of domestic violence for the first time receive a probationary period ranging from 6-12 months. During this time they are to receive counseling and pay the court assessed fines and costs.
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| I am a victim and I want to drop the charges. Can I? |
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Many people incorrectly believe that a victim has the power to "press charges" against the wrongdoer or to later "drop the charges". All charges are offenses committed against the community, not just the individual victim. Criminal complaints are prosecuted on behalf of the State of Michigan, not the people who called the police or those who were personally harmed by the defendants conduct. ONLY the Prosecuting Attorney can issue or dismiss charges. This is important because it takes the responsibility for prosecuting the wrongdoer off the victim's shoulders and puts it on the Prosecuting Attorney. It also means that the defendant cannot pressure the victim into dropping the charges. Although the decision to prosecute is ultimately up to the Prosecuting Attorney, the victim's opinion is important and the Prosecuting Attorney will take those wishes into account when making his or her decision regarding the case. A variety of factors are taken into account when deciding whether to honor a complainant's request not to proceed with prosecution. Some factors include the nature and extent of the defendant's prior history, the severity of the alleged crime, whether the defendant has other pending charges in the criminal justice system, and the future danger the defendant poses to the community (including the current victim).
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| The Judge ordered the defendant to pay restitution to me, but so far I haven't received anything. Who can help me? |
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The District Court probation department or the Circuit Court probation department should be able to help you. The number for the Calhoun County District Court probation department is (269) 969-6651 and the Calhoun County Circuit Court probation department is (269) 969-6895. You will need to ask the receptionist to connect you with the probation officer assigned to your case. You will need to give the name of the Defendant and the case number, if you know it. The probation officer can help you get your money if the restitution was a condition of the defendant's probation and if the defendant is still on probation. Otherwise you may see a private lawyer, because the restitution order is a court order is enforced like any civil judgment.
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| What is a PA53? |
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A PA53 is a condition of a defendant's bond that he either has no contact or peaceable contact with the victim of an assault. During arraignment, the Judge will commonly place this condition upon the bond and notify the defendant. If this condition is violated, the defendant's bond may be revoked or increased. A PA53 is different from a Personal Protection Order (PPO).
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| How can I tell if there is a PA53? |
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If you are the victim of an assaultive crime, you may call the Calhoun County Victims Unit at (269) 966-9642. The Victims Unit can advise you of the bond amount and condition. You may also appear at arraignment to let the Judge know your wishes concerning contact upon release.
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| What do I do if he violates the PA53 bond? |
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You can contact the police to report the violation. Violation of a court order can subject the defendant to immediate arrest depending upon the nature of the violation. You also may contact the Calhoun County Victim Services Unit at
(269) 969-6942 for further instructions. The Family Advocacy Program at S.A.F.E. Place can also help support you and answer your questions.
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