4.3Statutory Right of Crime Victim to Consult With Prosecuting Attorney

In all cases falling under the CVRA, crime victims have the right to consult with the prosecuting attorney before the prosecuting attorney finalizes a plea agreement with the defendant or the juvenile, agrees to placement of the defendant or the juvenile in a pretrial diversion program, or agrees to an informal disposition of the juvenile. See MCL 780.756(3); MCL 780.816(3); MCL 780.786(4); MCL 780.786b(2). Because the procedures in criminal and juvenile cases differ, a victim’s rights to consult with the prosecutor differ depending on the type of case involved.

A.Felony Cases

“Before finalizing any negotiation that may result in a dismissal, plea or sentence bargain, or pretrial diversion, 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 prosecution for the crime, including the victim’s views about dismissal, plea or sentence negotiations, and pretrial diversion programs.” MCL 780.756(3).

B.Serious Misdemeanor Cases¹

“If the defendant has not already entered a plea of guilty or nolo contendere at the arraignment, the prosecuting attorney shall 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).

C.Juvenile Cases

MCL 780.786(4) provides a victim of a juvenile offense with the right to consult with the prosecuting attorney before reducing the original charge, as follows:

“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 780.786b(2) also provides a victim of a juvenile offense with the right to consult with the prosecuting attorney before disposition of the case through an informal procedure:

“Before finalizing any informal disposition, preadjudication, or expedited procedure, the prosecuting attorney shall offer the victim the opportunity to consult with the prosecuting attorney to obtain the views of the victim about that manner of disposing of the case.”