To be blunt, Lake County has needed a capable, effective, efficient and professional prosecutor for a very long time. Looking for reasons to avoid prosecuting cases, versus making those accountable, unfortunately was the norm. Blame was put on budgets and other flim-flam, but the bottom line was a disservice. Cops don't always like "some" plea bargains, but there are times when an elected official needs to stand up to do the job he or she was elected to do, especially in those big cases. Fortunately, a new prosecutor was appointed several months ago who has been working hard to finally have an efficient, fair and just system that serves needs and fosters trust in the community.
In this edition of the Sheriff’s Corner, I briefly discuss the Michigan Crime Victims Rights Act and a brief detail how the process from complaint to jail to further works.
Crime Victims Right Act
The William Van Regenmorter Crime Victim's Rights Act, passed in 1985, changed how our justice system handles crime victims. This law gives victims a full set of rights, making sure they're kept in the loop, treated with respect, and can really be part of the legal process. These rights cover serious crimes, juvenile offenses, and major misdemeanors, and police, prosecutors and courts have to follow them.
Under this Act, victims are entitled to:
- The Right to Dignity and Respect: To be treated with fairness and sensitivity throughout the process;
- The Right to Notification: To be informed of arrests, court hearings, plea negotiations, sentencing, and any changes in the offender’s custodial status;
- The Right to Confer: To discuss the case and potential plea offers with the prosecuting attorney;
- The Right to Participation: To be present in court and to provide a Victim Impact Statement during sentencing;
- The Right to Restitution: To receive court-ordered compensation for medical expenses, lost wages, and property damage; and
- The Right to Protection: To request reasonable protection from the accused, including no-contact orders.
The criminal compliant process
You always see on TV how crimes are solved super fast and everything works out for everyone. But that's rarely how it is, even though things still need to be reported. Like, sometimes a criminal gets caught with a bunch of stolen stuff, but if no one filed a police report, we might not know who it belongs to. Here is the very basic overview of the process.
- Report the crime to law enforcement: If you don't report the crime, you cannot exercise your rights. No investigation will occur. No one will be arrested and tried in court;
- Law enforcement investigates the crime: They may conduct witness interviews, photograph the crime scene and perform other relevant procedures; and
- Warrant request: If law enforcement thinks its investigation has gathered enough evidence, it will submit a warrant request to the prosecutor with suggested criminal charges. The prosecutor may ask law enforcement to conduct a further investigation. If there is sufficient evidence, the prosecutor may authorize an arrest warrant.
An immediate arrest, which does not require a warrant, takes place when law enforcement officers apprehend an individual at the scene. This typically occurs for serious offenses or crimes observed by the officers, and it necessitates a prompt arraignment.
Conversely, a complaint warrant is an arrest document authorized by a judge, based on evidence that has been presented. This type of warrant is generally utilized when an immediate detention is not deemed necessary. Both methods of arrest require probable cause, but they differ in their timing and the extent of judicial oversight involved.
Immediate arrests happen instantaneously, whereas warrants may take several days or even weeks for investigation and approval.
It is important to remember that the mere filing of a complaint does not guarantee that charges will be authorized.
- Arrest: Law enforcement takes the suspect into custody and lodges them in the county jail;
- Arraignment in court: After arrest, the defendant is brought before the court and informed of the charges against them. They are advised of their right to an attorney. The defendant either pleads guilty, not guilty, or stands mute (meaning they don't plead at all, which the court treats as a not guilty plea). If they plead guilty or no contest, they may be sentenced on the spot, or a sentencing date will be scheduled. If the defendant pleads not guilty, the judge then sets bond (bail) and sets a date for a pre-trial conference. Most defendants are released on bond (some with no money PR bond). A victim may contact the jail to find out if the defendant has been released. This is also where the above Crime Victims' Rights comes into play;
- Plea or trial: If the defendant pleads guilty prior to a trial, they may be sentenced that day, or a hearing date for sentencing will be scheduled. If there is no guilty plea, a trial may be heard by the judge or by a jury. During trial, the defendant is not required to testify or to present any evidence, and is not required to prove his or her innocence. The prosecutor must prove the defendant's guilt beyond a reasonable doubt. Following the trial, either the judge or the jury renders a decision of guilty or acquittal of the charges. If the defendant is found guilty, the court will either sentence that day or set a sentencing date; and
- Sentencing: The victim may submit a written or oral impact statement to the court. The court will then sentence the defendant. A sentence may include a fine, probation, community service, and/or a term in jail or prison. A victim may request court-ordered restitution.
Clean Slate Law
This new law, enacted in 2021, made it easier to get old offenses expunged and even set up an automatic process for it. Basically, if you have certain convictions, your record might get cleared without you even having to go to court. These "Clean Slate" laws are like a "reset button" for folks with old criminal records who've kept their noses clean. Here's the simple breakdown:
1. The "Automatic" Part (No paperwork needed): If you’ve kept a clean record for a certain amount of time, the state’s computers will now automatically hide those old convictions from public view.
- Minor crimes (misdemeanors): These disappear after 7 years;
- Bigger crimes (felonies): Up to two of these disappear after 10 years;
- The catch: This doesn’t apply to violent crimes, high-level felonies, or crimes involving dishonesty (like identity theft).
2. The "Application" Part (you have to ask): If your crime isn’t on the "automatic" list, you can still ask a judge to clear it.
- Drunk driving: If you have one OWI (drunk driving) on your record and it’s your only one, you can now apply to have it removed. This is huge because it used to stay on your record forever;
- Marijuana: If you were busted for something that is legal now (like having a small amount of weed), you can ask to have that cleared immediately;
- The "One bad night" rule: If you got in trouble once and ended up with three different charges for that one incident, the law now lets you count that as just one conviction instead of three.
3. Why does this matter? Once a record is expunged (set aside): It won't show up on a standard background check for a job. It makes it much easier to get housing or a loan. You can legally tell an employer you were never convicted of that crime.
Checking your criminal history
You can access criminal history info through the Criminal History Access Tool (ICHAT). It's the only public resource for name-based Michigan criminal history background checks.
ICHAT lets you search public criminal history records kept by the Michigan State Police, Criminal Justice Information Center. All felonies and serious misdemeanors punishable by over 93 days have to be reported to the state by law enforcement, prosecutors, and courts in all 83 Michigan counties.
To see what ICHAT offers, you can access by www.michigan.gov/ichat
-This information is provided to you for clarification on specific laws, and not legal advice. This is not to be construed as a personal opinion, agreement or disagreement of any specific law. Topics covered are for educational and informational purposes only. As needed, excerpts from other articles are used for reference and/or content. If you have any questions on any specific topic, you may always email me your questions to rmartin@co.lake.mi.us.
