Marquette County Prosecutor's Office
234 West Baraga Avenue
Marquette, Michigan  49855
(906) 225-8310

Victim Compensation

The Michigan Crime Victim Compensation Act was begun to give financial help to crime victims who are hurt or lose earnings or support because of the crime. Victim assistance will be able to help with any questions you might have. Applications may be received from our office.

To receive compensation:

* You must be a resident of the State of Michigan.

* The crime must have happened in the State of Michigan.

* The crime must be reported to the police within 48 hours and the victim must cooperate with the investigation.

* You must have a $200 out-of-pocket medical expense and/or a loss of two continuous weeks of earnings or support.

* The claim must be filed within one year of the crime or one year of the death of the victim.

* In the case of death, a claim may be filed by a family member.

* Expenses or losses that are covered by personal insurance or that can be paid by another source will not be covered.

* Property loss is not covered.

If you have any questions after reading this call Cindy L. Boyer Victim/Witness Coordinator at 906/225-8315.

Your Rights as a Felony Victim Under the Crime Victim Rights Act

Crime victims are entitled to be notified of their rights under the Crime Victim's Rights Act. These rights allow the victim to actively participate in the criminal justice process. Most of these rights are not automatic. You decide whether to take advantage of them by informing the proper government agency.

Your Rights:

Within 24 hours of your first contact with a police agency, that agency must give you the following information:

1. the availability of emergency and medical services,

2. the crime victim's compensation board's address and information on benefits,

3. the prosecuting attorney's address and phone number,

4. that agency's phone number to call for information regarding the investigation.

The police shall promptly return your stolen property unless the property is contraband, its ownership is disputed, it's a weapon used in the commission of a crime, or the prosecutor certifies a need to retain the evidence.

Within 24 hours of the defendant's arraignment, the police agency must give you the sheriff's phone number so you can determine whether the defendant has been released on bail.

If the defendant threatens you or your family, the prosecutor can ask the court to revoke their bail.

Within 7 days of the defendant's arraignment, but not less than 24 hours before the preliminary examination, the prosecutor shall give you:

a) this brochure,

b) a statement of the procedural steps in processing a criminal case,

c) information regarding the crime victim's compensation act,

d) suggested procedures if you are threatened,

e) the person to contact for further information.

Upon request, the prosecutor must notify you of any court proceedings and schedule changes.

Upon request, the prosecutor must consult with you regarding the disposition of the crime.

If practical, the court must provide a separate waiting area, or otherwise minimize your contacts with the defendant.

If you have a reasonable apprehension of violence by the defendant against you or your family, the prosecutor may ask the court to protect you from disclosing your address, place of employment, or other personal identification.

If you are a victim of sexual assault, or child abuse, the prosecutor may ask the court for a speedy trial.

Upon request, the prosecutor must confer with you prior to trial. You can be present throughout the defendant's trial, unless you are a witness. If you are a witness, the court may exclude you from the courtroom until you testify. Your employer may not threaten to discharge or discipline you when you are required to attend court.

Upon request, the prosecutor must give you notice of the following:

a) The crimes for which defendant was convicted and

b) your right to make a statement for use in the pre-sentence investigation report.

The statement may include an explanation of:

1) any physical, psychological, or emotional harm suffered by you;

2) any economic loss or property damage suffered by you;

3) the need for restitution and whether you have applied for or received compensation for your loss;

4) your recommendation for an appropriate sentence.

That your statement will be available to the defendant unless exempted from disclosure by the court.

The address and phone number of the person preparing the report.

Your right to make a statement at sentencing and the time and place of the sentencing.

If you have suffered physical, financial, or emotional harm as a result of the crime, the court may order the defendant to make restitution to you or your estate.

Upon request, the prosecutor must give you notice of the defendant's appeal, appellate court proceedings, and the result of that appeal.

The defendant will not profit from the sale of his or her perceptions regarding this crime until you have received ordered restitution, had any civil judgment against the defendant satisfied, and the costs of defendant's incarceration have been repaid.

Upon request, the sheriff or the Department of Corrections must give you notice of the following:

* Defendant's earliest possible release date if sentenced to more than 90 days. This request can only be made once.

* Defendant's transfer or pending transfer to a minimum security facility and the facility's address.

* Defendant's release or pending release to a community placement.

* The defendant's escape.

* Your right to personally address or submit a written statement for consideration by the parole board 30 days before considering the defendant's release on parole.

* The parole board's decision.

* The defendant's release 90 days before discharge.

* A public hearing regarding a reprieve, commutation, or pardon by the Governor.

* The granting of a pardon, reprieve, or commutation.

* Upon request, the prosecutor shall notify you of the final disposition of the case.

Remember Many of your rights are only available at your request. If you choose to use these rights, you must notify the proper agency, and keep them advised of your current address and phone number to allow them to provide the rights you have requested.

If you have any questions after reading this call:

 Cindy L. Boyer Victim/Witness Coordinator at 906/225-8315 or cboyer@mqtco.org.