5.7Notification of Court Procedures, Crime Victim’s Rights, and Court Schedule

In all cases under the CVRA, the prosecuting attorney must provide the crime victim with certain information regarding court procedures, the crime victim’s rights, and the court schedule.

A.Felony Cases

“Not later than 7 days after the defendant’s arraignment for a crime, but not less than 24 hours before a preliminary examination, the prosecuting attorney shall give to each victim a written notice in plain English of each of the following:

(a) A brief statement of the procedural steps in the processing of a criminal case.

(b) A specific list of the rights and procedures under this article.

(c) A convenient means for the victim to notify the prosecuting attorney that the victim chooses to exercise his or her rights under this article.

(d) Details and eligibility requirements for compensation from the crime victim services commission [(CVSC)] under . . . MCL 18.351 to [MCL] 18.368.^[1]

(e) Suggested procedures if the victim is subjected to threats or intimidation.

(f) The person to contact for further information.” MCL 780.756(1).

Note: A victim who receives a notice under MCL 780.756(1) and who chooses to exercise his or her rights under the CVRA must keep certain persons, including the prosecuting attorney, informed of his or her current address, or address designated by the department of the attorney general for a victim who is a program participant in the address confidentiality program, and telephone number. MCL 780.756(4)(a). For a detailed discussion of the crime victim’s obligations to keep certain persons informed of the victim’s contact information, see Section 5.14(A).

At the crime victim’s request, the prosecuting attorney must provide the victim with “notice of any scheduled court proceedings and any changes in that schedule.” MCL 780.756(2).

“[T]he prosecuting attorney [must also] offer the victim the opportunity to consult with the prosecuting attorney to obtain the victim’s views about the disposition of the prosecution for the crime, including the victim’s views about dismissal, plea or sentence negotiations, and pretrial diversion programs[,]” “[b]efore finalizing any negotiation that may result in a dismissal, plea or sentence bargain, or pretrial diversion[.]” MCL 780.756(3). For a detailed discussion of the crime victim’s rights to consult with the prosecuting attorney, see Chapter 4.

B.Juvenile Proceedings

“Within 72 hours after the prosecuting attorney files or submits a petition seeking to invoke the court’s jurisdiction for an offense, the prosecuting attorney, or the court pursuant to an agreement under [MCL 780.798a²], shall give to each victim a written notice in plain English of each of the following:

(a) A brief statement of the procedural steps in processing a juvenile case, including the fact that a juvenile may be tried in the same manner as an adult in a designated case or waived to the court of general criminal jurisdiction.

(b) A specific list of the rights and procedures under this article.

(c) A convenient means for the victim to notify the prosecuting attorney that the victim chooses to exercise his or her rights under this article.

(d) Details and eligibility requirements for compensation from the crime victim services commission [(CVSC)] under . . . MCL 18.351 to [MCL] 18.368.^[3]

(e) Suggested procedures if the victim is subjected to threats or intimidation.

 (f) The person to contact for further information.” MCL 780.786(2).

Note: A victim who receives a notice under MCL 780.786(2) and who chooses to exercise his or her rights under the CVRA must keep certain persons, including the prosecuting attorney (or the court if an agreement under MCL 780.798a exists), informed of his or her current address or the address designated by the attorney general if the victim is a program participant in the address confidentiality program and telephone number. MCL 780.786(5)(a). For a detailed discussion of the crime victim’s obligations to keep certain persons informed of the victim’s contact information, see Section 5.14(B).

“If the victim requests, the prosecuting attorney, or the court pursuant to an agreement under [MCL 780.798a], shall give the victim notice of any scheduled court proceedings and any changes in that schedule.” MCL 780.786(3).

“If the juvenile has not already entered a plea of admission or no contest to the original charge at the preliminary hearing, the prosecuting attorney shall offer the victim the opportunity to consult with the prosecuting attorney to obtain the victim’s views about the disposition of the offense, including the victim’s views about dismissal, waiver, and pretrial diversion programs, before finalizing any agreement to reduce the original charge.” MCL 780.786(4). For a detailed discussion of the crime victim’s rights to consult with the prosecuting attorney, see Chapter 4.

C.Serious Misdemeanor Cases

Within 48 hours after a defendant’s arraignment, the court must notify the prosecuting attorney if it accepts a defendant’s guilty or nolo contendere plea, or if no plea is accepted but further proceedings will be scheduled. MCL 780.816(1) (emphasis added). If the court accepts a defendant’s guilty or nolo contendere plea at arraignment, within 48 hours after the arraignment, the court must also notify the prosecuting attorney of the sentencing date. Id. (emphasis added). “A notice to the prosecuting attorney under [MCL 780.816(1)] must be on a separate form and must include the name, address, and telephone number of the victim. The notice is not a public record and is exempt from disclosure under the freedom of information act, . . . MCL 15.231 to [MCL] 15.246.” MCL 780.816(1). 

“Within 48 hours after receiving [notification from the court], the prosecuting attorney shall give to each victim a written notice in plain English of each of the following:

(a) A brief statement of the procedural steps in the processing of a misdemeanor case, including pretrial conferences.

(b) A specific list of the rights and procedures under this article.

(c) A convenient means for the victim to notify the prosecuting attorney that the victim chooses to exercise his or her rights under this article.

(d) Details and eligibility requirements for compensation from the [CVSC], MCL 18.351 to [MCL] 18.368.^[4]

 (e) Suggested procedures if the victim is subjected to threats or intimidation.

 (f) The person to contact for further information.” MCL 780.816(1).

At the crime victim’s request, the prosecuting attorney must provide the victim with “notice of any scheduled court proceedings and notice of any changes in that schedule.” MCL 780.816(2).

Note: A victim who receives a notice under MCL 780.816(1) or MCL 780.816(2) and who chooses to exercise his or her rights under the CVRA must keep certain individuals, including the prosecuting attorney, informed of his or her current address or the address designated by the department of the attorney general if the victim is a program participant as defined in MCL 780.853 of the address confidentiality program act and telephone number. MCL 780.816(5)(a). For a detailed discussion of the crime victim’s obligations to keep certain persons informed of the victim’s contact information, see Section 5.14(C).

“If the defendant has not already entered a plea of guilty or nolo contendere at the arraignment, the prosecuting attorney [must also] offer the victim the opportunity to consult with the prosecuting attorney to obtain the views of the victim about the disposition of the serious misdemeanor, including the victim’s views about dismissal, plea or sentence negotiations, and pretrial diversion programs before finalizing any negotiation that may result in a dismissal, plea or sentence bargain, or pretrial diversion.” MCL 780.816(3). For a detailed discussion of the crime victim’s rights to consult with the prosecuting attorney, see Chapter 4.