Michigan Laws 780.786 – Court jurisdiction; notices to victim; consultation with prosecuting attorney; persons to be informed of victim’s current address and telephone number
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Terms Used In Michigan Laws 780.786
- County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 780.781
- Court: means the family division of circuit court. See Michigan Laws 780.781
- Crime victim services commission: means that term as described in section 2 of 1976 PA 223, MCL 18. See Michigan Laws 780.781
- Designated case: means a case designated as a case in which the juvenile is to be tried in the same manner as an adult under section 2d of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 780.781
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile: means an individual alleged or found to be within the court's jurisdiction under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 780.781
- Offense: means 1 or more of the following:
(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony. See Michigan Laws 780.781Person: means an individual, organization, partnership, corporation, or governmental entity. See Michigan Laws 780.781 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Probate: Proving a will Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based. See Michigan Laws 780.781 Victim: means any of the following:
(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense, except as provided in subparagraph (ii), (iii), (iv), or (v). See Michigan Laws 780.781
(1) The court shall accept a petition submitted by a prosecuting attorney that seeks to invoke the court’s jurisdiction for a juvenile offense, unless the court finds on the record that the petitioner’s allegations are insufficient to support a claim of jurisdiction under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(2) 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 section 48a, 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 under 1976 PA 223, MCL 18.351 to 18.368.
(e) Suggested procedures if the victim is subjected to threats or intimidation.
(f) The person to contact for further information.
(3) If the victim requests, the prosecuting attorney, or the court pursuant to an agreement under section 48a, shall give the victim notice of any scheduled court proceedings and any changes in that schedule.
(4) 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.
(5) A victim who receives a notice under subsection (2) and chooses to receive any notice or exercise any right under this article shall keep the following persons informed of the victim’s current address or address designated by the department of the attorney general if he or she is a program participant as that term is defined in section 3 of the address confidentiality program act and telephone number:
(a) The prosecuting attorney, or the court if an agreement under section 48a exists.
(b) If the juvenile is made a public ward, the department of health and human services or county juvenile agency, as applicable.
(c) If the juvenile is imprisoned, the department of corrections or the sheriff as directed by the prosecuting attorney.