FAQ's

Anatomy of a Criminal Case

1. How do I get a criminal charge issued? Can I report a crime directly to the Prosecutor's office?

Crimes are investigated by the police, not the Prosecutor. Crimes should be reported to the police department or other law enforcement agency that has jurisdiction where the crime occurred. For example, crimes occurring inside the City of Lansing should be reported to the Lansing Police Department. Likewise, crimes occurring within the boundaries of the following areas should be reported to their municipal police departments:

Bath
Dewitt
Eagle
Elsie
Eureka
Fowler
Lansing
Maple Rapids
Ovid
Saint Johns
Westphalia

If the crime was committed elsewhere inside Clinton County, or in an area where the Clinton County Sheriff is the contracting law enforcement agency, the crime should be reported to the Sheriff. You may also contact the Michigan State Police Department. Once the initial investigation has been completed, the police department's report is filed with the Prosecuting Attorney. The Prosecutor reviewing the warrant request may send the case back to the police for further investigation. Ultimately, the reviewing Prosecutor decides what charge(s), if any, will be issued and when the charges(s) should be issued.

2. I am the victim. Can I drop the charge?

Many people incorrectly believe that a victim has the power to "press charges" against the abuser, or to later "drop the charges."

All crimes are offenses against the community, not just the individual victim. Criminal complaints are prosecuted on behalf of the State of Michigan, not the individual who called the police or the person who may have been personally harmed by the defendant's conduct. Only the Prosecuting Attorney can issue or dismiss charges. This is important because it takes the responsibility for prosecuting the abuser off the victim's shoulders and puts it on the Prosecuting Attorney's, where it legally belongs. It also means that the defendant can’t "pressure" the victim into dropping the charges.

Although the decision whether to prosecute or not prosecute is ultimately up to the Prosecuting Attorney, the victim's opinion is important and the Prosecuting Attorney will take those wishes into account when making decisions about the case. A variety of factors are taken into account when deciding whether to honor a complainant's request not to proceed with a prosecution, including the nature and extent of the defendant's prior criminal history, the severity of the alleged crime, whether the defendant has other pending charges in the criminal justice system, and future danger to the community (including the current victim).

3. How do I get my property back?

If your property was stolen and recovered by the police, it can sometimes be returned to you before the case is done; if the items are important pieces of evidence, in most cases we will need to keep the property secured in police custody. Ultimately, the decision whether evidence is released must be made by one of our office's attorneys.

4. How do I get a copy of a police report? Is it free?

If you are a defendant in a criminal or juvenile case, and you have an attorney, he or she will obtain a copy of the police report for you from our office; you can get a personal copy from your lawyer.

If you are a defendant and do not have an attorney, you can obtain a copy of a police report after the defendant has been arraigned on the charged offense. You should appear in person at the Prosecuting Attorney's office to pick up the report.

5. Where do I get court forms?

Most court actions require a specific form to be filed with the court. Some forms are "local forms," and were created for use in one court, and you may be able to get a free copy of a court form that you need by contacting the court clerk.

The Michigan State Court Administrative Office (SCAO) develops state-wide forms. Many are PDFs that can be filled in online, printed, and filed with the court.

Remember: Court forms are only tools to assist in the processing of a court case. The forms do not guide you through the court process. If you do not have an attorney, you will need to understand the laws pertaining to your type of case.

6. Can you tell me if a charge has been issued yet? Can you tell me if an arrest warrant exists?

No. The Prosecuting Attorney's office only authorizes a criminal complaint; the court authorizes an arrest warrant, and the police department that investigates the case has the responsibility to find and arrest the defendant. The Prosecuting Attorney's office may not know if an arrest warrant is still outstanding, because that information is known by the police and the court. The defendant (or anyone asking about whether a warrant is still open) must contact the police agency handling the case. That department may be able to answer the question.

If the Prosecuting Attorney's office told a defendant that an arrest warrant was still outstanding, the defendant might flee.

7. Can you tell me a defendant's next court date?

If the case is pending in the Clinton County District Court (65A), search for the defendant's name on the District Court's calendar page. For other cases, our office may be able to provide you with information about upcoming court schedules if we filed charges against the defendant. Call us at (989) 224-5260.

Crime victims can register online to receive automated email or text messages about scheduled court dates.

8. I have been subpoenaed to appear as a witness in a criminal case. Can I get witness fees? What if I can't attend on the date stated in the subpoena?

9. How do I get a court-appointed attorney?

The Prosecutor plays no role in whether or not you get a court-appointed attorney. You must ask the judge handling your case (generally at your arraignment). The judge will decide whether you are "indigent" (i.e, can’t afford to hire a lawyer) based on your income, assets and financial obligations, as well as the seriousness of the charge. For many misdemeanor cases, the judge will let you conduct a pre-trial conference on your own; if the case is not resolved to your liking at that meeting, you can apply for a court-appointed attorney.

A court-appointed attorney is not necessarily a "free" lawyer. The judge may still order you to repay the County for your attorney's bill.

10. Why are some cases plea bargained?

There are not enough prosecutors, judges, courtrooms, or trial days on the calendar to put all the thousands of cases every year in Clinton County before a jury. For those defendants taken to trial, or for those who plead guilty before a trial, there are not enough jail cells in the state to hold them. These practical demands, plus the following are all interests that are considered by the Prosecutor when deciding how to proceed:

Defendant's Speedy Trial Rights
Deterrence
Public Safety
Punishment
Rehabilitation
Seriousness of the Cases
Strengths or Weaknesses of Cases
Victim's Wishes

A plea agreement is always designed to balance these competing interests. Most cases are resolved in a relatively short time by the defendant's plea, many times a plea to the charged offense.

Getting A PPO

1. Who can get a PPO?

Anyone who has been physically, emotionally, or sexually abused by a current or former spouse, a family member, a domestic partner, the other parent of your child, a current or former roommate, or a current or former person in a dating relationship. (This is called a "domestic PPO.")

Anyone who has been "stalked" – repeatedly harassed to the point of being terrorized, intimidated or threatened. (This is called a "stalking PPO.")

2. Where can I get a PPO?

A "do-it-yourself" personal protection order packet, containing instructions and all necessary forms, is available in the Clinton County Courthouse at:

County Clerk's Office/Circuit Court Clerk's Office

100 E State Street

Suite 3400

St. Johns, MI 48879

3. Where can I get help to fill out the PPO forms?

The Circuit Court Clerk's staff are not lawyers and are prohibited from giving legal advice on how to fill the forms out, what to include, etc. The staff can’t assist you beyond explaining internal procedures of the court. Some domestic violence organizations (such as Eve, Inc. (End Violent Encounters) hold clinics to assist with personal protection order (PPO) paperwork. Contact local women's shelters in your area or local legal aid organization to see if they provide this service. Your local Prosecuting Attorney may also be able to help review your papers, and may suggest additional information that you should include.

PPO Violations

1. What if the Respondent violates the PPO?

If your situation is an emergency, call 911! Otherwise, call the nearest police department:

Bath Township Police Department

517-641-6271

Capital Region International Airport

517-321-8525

Clinton County Sheriff's Office

989-224-5200

DeWitt City Police Department

517-669-9131

DeWitt Township Police Department

517-669-6578

Elsie Police Department

989-862-4273

Michigan State Police – Lansing Post

517-322-1907

Ovid Police Department

989-834-5335

St. Johns Police Department

989-224-6721

2. What is the Prosecuting Attorney's role in PPO contempt hearings?

The Prosecuting Attorney must prosecute all arrest and non-arrest criminal contempt proceedings, unless the petitioner retains his or her own attorney for this purpose.

3. What kinds of punishment can someone get for violating a PPO?

A personal protection order (PPO) is a court order, so any violation proven beyond a reasonable doubt is criminal "contempt of court." The Judge can send the violating respondent to jail for up to 93 days for each violation, and/or impose a fine of $500, and (as of July 1, 2000) can place the Respondent on probation up to 2 years in lieu of jail time.

4. Can someone be charged with both a PPO violation and a separate criminal offense for the same behavior?

Yes. Michigan statutes clearly state a Legislative intent that criminal sanctions be imposed in addition to whatever criminal penalties apply for a separate criminal offense. (See MCL 600.2950(23) and 600.2950a(20).) Also, appellate decisions have stated that separate convictions did not violate double jeopardy, even though they were based on the same conduct. (People v Coones, 216 Michigan App 721, 500 NW2d 600, 603 (1996)).

5. What if I resume contact with the respondent after the PPO has been issued?

The personal protection order (PPO) is directed to the respondent's behavior, not the petitioner's. Regardless of the petitioner's wishes for contact, the respondent will have violated the court's order. The petitioner's invitation or consent may mitigate sanctions but it is no defense to the violation.

A petitioner should not "send the wrong signals" to the respondent by actually or seemingly allowing contact that violates the PPO. The PPO means what the order says and applies when the order says, not just when it is "convenient" to the petitioner for the terms to apply. If you do not want or need the PPO in effect any more, move to set it aside or modify it.

Victim Assistance

1. What typically happens during a criminal prosecution in Michigan? What are the steps?

Please see our Criminal Case Process page for a summary, from the crime occurring through sentencing and appeals.

2. Am I a "crime victim"?

Under the Crime Victim's Rights Act (1987 PA 85), a "victim" means an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime. If the victim is deceased, then that person's spouse, child, parent, guardian, or grandparent might qualify. If the victim is a minor (under age 18), then the victim's parent, guardian, or custodian may choose to exercise the child-victim's rights. If the victim is mentally or emotionally unable to participate in the legal process, then his or her parent, guardian or custodian may exercise the rights.

3. What if someone threatens me?

Do so as soon as possible so the threats can be documented and appropriate action taken. There are laws to protect you against people who attempt to bribe, intimidate, threaten, or harass you. Create a safety plan so you know what you would do if any threat concerns you.

4. How can I protect myself from being stalked?

If you think that you are being stalked, there are many things you can do to protect yourself. There is no single response that is appropriate for all stalking victims. Here are some suggestions:

Contact your local law enforcement authorities.
Get a Personal Protection Order (PPO) from your county's Circuit Court. If you have PPO questions, contact your county's Prosecuting Attorney.
Keep detailed records of all incidents. When possible, tape-record, videotape or photograph encounters. Make sure the harassment is officially noted in police reports so you can establish a history for court proceedings. Note the date, the time and place of each incident. Take photos of destroyed property or injuries. Keep all answering machine tapes for evidence, especially those that contain threats to harm or kill. To help you document PPO violations, download our Stalking Victim's Log (PDF).
Warn people about your situation. Tell family members, neighbors and co-workers to not give out personal information about you to anyone. At work, have visitors and phone calls screened. Tell building security about your situation.
Secure your home. Install good deadbolt locks and adequate outside lighting. Lock your windows.
Change you daily travel route so the stalker cannot easily follow you. Do not walk alone.
Get a second, unlisted phone line or a cellphone so that your answering machine can record threats. You can pick up calls from family and friends on your private line. Give your private line number out to only a few trusted people.
groups that can help, such as the National Organization for Victim Assistance at 800-879-6682, the End Violent Encounters (EVE), Inc. at 517-372-5572, or a local women's shelter in your area.
Do not try to talk sense into a stalker or agree to meet your stalker to "clarify things."
Do not plead with the stalker to be left alone. It does no good. Call the police.
Do not return gifts or send back letters. In many cases this, has caused the stalking to intensify. Keep items for documentation and evidence.
Do not come to the stalker's aid if the person fakes a crisis to make you feel guilty. If the stalker threatens suicide, call the police to assist.
If your stalker is an ex-lover, forget about reconciliation.
Be prepared. Have quick access to telephone numbers and locations of police departments, emergency shelters or friends' homes. Keep money and a packed suitcase available with your important documents for a quick departure. Create a safety plan (PDF) for yourself.

5. What if the defense attorney contacts me?

In representing a client, a defense attorney may contact you and want to talk to you about the case. Keep in mind that you do not have to talk to anyone about the crime, including the defense attorney or their investigator prior to testifying in court. If you choose to do so, always request proper identification and an explanation of the purpose of the interview. If you have any concerns about talking with a defense attorney or their investigator, you are encouraged to contact the Assistant Prosecuting Attorney in charge of your case and to have him/her with you at the time of the interview.

6. Can you tell me what the defendant's sentence will be?

Sentencing in Michigan varies with the crime and can be the most confusing part of the criminal process. A few crimes have mandatory sentences, but most often the sentences are at the judge's discretion. Because of that, a prosecutor can only guess (or hope) what the actual sentence may be.

Misdemeanor offenses generally carry a maximum sentence of 90 days or 1 year in the county jail, can result in probation for up to 2 years, counseling, community service, and driver's license sanctions. Felony offenses range from a minimum sentence of 366 days to a maximum of life in prison. Sometimes, the statutory maximum time for an individual crime is lengthened because the defendant is a repeat offender. In addition to incarceration in jail or prison, convicted felons may be sentenced to probation.

7. How do I get my property back?

Download our Request for Return of Property form (PDF). Return the completed form to our office so an Assistant Prosecuting Attorney can review it. You may be asked to present picture identification.

8. How do I report a bond violation?

If your situation is an emergency, call 911! Otherwise, call the nearest police department:

Bath Township Police Department

517-641-6271

Capital Region International Airport

517-321-8525

Clinton County Sheriff's Office

989-224-5200

DeWitt City Police Department

517-669-9131

DeWitt Township Police Department

517-669-6578

Elsie Police Department

989-862-4273

Michigan State Police – Lansing Post

517-322-1907

Ovid Police Department

989-834-5335

St. Johns Police Department

989-224-6721

Victim Compensation

1. What is the Crime Victim Compensation Fund?

The Michigan Crime Victim Compensation Fund was established to provide financial assistance to crime victims who have suffered a personal injury (bodily harm) or lose earnings or support because of the crime. Our Victim Assistance Coordinator will be able to help with any questions you might have.

2. What compensation may be awarded?

The actual amount of compensation, if any, depends upon the facts of each case. Do not try to decide for yourself whether or not you are eligible. If you have any doubt, file a claim and the Board will decide. Compensation to crime victims is limited in many ways, including:

Maximum total dollars - $15,000
Maximum funeral expenses - $2,000, including up to $500 in grief counseling for the spouse, children, parents or siblings of the person who died
Up to $200 for each week of lost earnings or lost support (in the case of a death)
26 hours of psychological counseling for the injured person, at up to $80/hour for a licensed therapist or up to $90/hour for a licensed psychologist or physician
Losses resulting from an injury or death are awarded only if a person has no insurance or public assistance available
Victim must have suffered a serious financial hardship

Note: The minimum loss requirements will be waived for persons retired by reason of age or disability, and for the expense of forensic medical exams for sexual assault victims.

3. What losses are not covered?

The following losses aren't covered:

Personal property loss or damage
Pain and suffering
Crime scene clean-up
Relocation costs, living expenses or the costs of participating in a trial
Lost earnings by an injured person's family members
Injuries received while confined in a correctional facility
In traffic cases, crime victims' compensation is limited to the unpaid balance on funeral expenses after no-fault insurance pays

Note: These losses might be recoverable through court-ordered restitution as part of a convicted perpetrator's criminal sentence, or through the enforcement of a judgment obtained in a civil lawsuit against the wrongdoer.

4. Where does the money come from?

Money to support the Crime Victim Compensation Fund is paid by criminal defendants convicted in Michigan courts, plus from some criminal fines in Michigan federal courts.

5. Am I a "crime victim"?

The Crime Victim Services Commission will consider you to be a "crime victim" if:

You suffered personal physical injury as the direct result of a crime in Michigan
You suffered personal physical injury while trying to help a crime victim
You are a surviving spouse, parent, child, grandparent, grandchild, brother or sister of a person who died as a direct result of a crime
You are a Michigan resident who was injured by crime committed in another state, when that other state does not have a victim compensation program available
You are a Michigan resident who was injured outside the USA by an act of international terrorism

6. Does the Crime Victim Compensation Fund only apply to "assault" victims?

No.

7. What conditions apply to the Crime Victim Compensation Fund?

The following conditions apply:

The crime must have been reported to the police within 48 hours (unless the Commission finds there was good cause for a longer delay).
The crime victim must have cooperated with the investigation and court proceedings against the defendant(s).
The crime victim must not have caused the injury or been doing something illegal or dangerous at the time of the injury.
The person filing the claim can not be criminally responsible for the crime, be an accomplice, or have contributed to the infliction of the injury.
The person filing the claim cannot be an inmate.
The crime victim must have a minimum $200 out-of-pocket medical expense and/or a loss of two continuous weeks of earnings or support.
The compensation claim must be filed within 1 year of the crime or 1 year of the victim's death (although other time limits apply when a child is a victim of sexual abuse, or when a crime is discovered by a law enforcement agency where the injury was previously determined to be accidental, of unknown origin, or from natural causes).
A deceased victim's immediate family member may file a claim in the victim's place.
Expenses or losses that are covered by personal insurance or that can be paid by another source will not be covered.
Compensation is limited to medical expenses, funeral costs, counseling, rehabilitation, and loss of earnings or loss of support resulting from an injury which is the direct result of a crime. Property loss is not covered.

Note: The Prosecuting Attorney does not represent the Crime Victim Services Commission. The Prosecuting Attorney cannot waive any requirement of the law or rules of the Commission.

8. How do I file a claim?

Obtain and completely fill out an application form (PDF). Forms are available from the Crime Victim Services Commission, our office, police or sheriff's departments, and victim assistance agencies. Your claim must be filed with the Commission no later than 1 year after the occurrence of the crime. File the claim by mailing it to:

Crime Victim Services Commission

320 S Walnut

Lansing, MI 48913

Phone: 517-373-7373

9. What do I send with my claim?

Submit the following information:

A fully completed application
Itemized copies of all bills you want to claim, if you need further medical treatment, see if your doctor can give you a written estimate of future expenses
Copies of insurance or Medicare benefit statements for all expenses
For lost earnings, copies of recent payroll check stubs and disability statements from your doctor
For burial assistance, a copy of the signed itemized funeral bill
For counseling, ask your therapist for an assessment, treatment plan and itemized bill or estimate
For loss of support, send check stubs or the last tax return of the person who died, and the survivor's social security benefit and life insurance statements

Note: Do not submit false information! Doing so to get money from the State is a crime. People who get money to which they are not entitled, because of false information, cheat legitimate crime victims from limited monies that the State of Michigan provides for them.

10. When do I file a claim?

File your claims at the following times:

Within 1 year of the date of the injury. Claims for child abuse should be filed within 1 year of the report to the police, but no later than the child's 19th birthday.
Within 1 year of discovering that an injury, originally thought to be accidentally or naturally caused, was caused by criminal conduct. A longer time to file a claim will be allowed after a written request shows good reason (e.g, someone helping the victim did not follow through, a child's injuries were more serious than originally believed, etc.).

You do not have to wait until the investigation or trial is over.

11. Do I need an attorney to file a claim?

Except in unusual circumstances, you do not need an attorney but you always have the right to hire or consult with one. The Commission investigates each claim and is willing to deal directly with you without an attorney. You can hire an attorney at any stage of the process. However, any attorney fee must be paid by you, and Commission rules do not limit the amount that an attorney might charge you.

12. Is my claim limited because I also have insurance?

Yes. The Commission is the payor of last resort. Payments from insurance or public funds for out-of-pocket expenses, lost earnings or support (except disability or death benefits paid to a peace officer) are primary resources, and must be paid and reported to the program before any award for remaining compensation is considered by the Commission. The claimant must repay the State of Michigan out of any later insurance settlement or court-ordered restitution covering a loss reimbursed by the Commission.

13. What happens after a claim is filed?

Your application will be reviewed by Commission staff for completeness. An incomplete form will be returned to you with a list of the information or additional paperwork that is needed.

Your claim is assigned a claim number. The Commission will notify the Prosecuting Attorney that a claim for compensation is pending. A claim specialist will conduct an investigation to verify the validity of the claim and the extent of any compensable loss. The claimant may be requested to provide documentation if the Commission is otherwise unable to verify the claim.

14. How long does it take for my claim to be reviewed?

This depends on the accuracy and completeness of your application, and how long it takes to get additional information the Commission needs to investigate.

You will be notified in writing with the record and findings of your claim. If it is approved, the decision will show itemized payments, which will be made within a few days; if you owe money to your medical providers, the Commission will pay the providers.

15. If my claim is denied, can I appeal?

If your claim is denied, the Commission will notify you in writing, and the legal reasons will be explained. If you are dissatisfied, you have 30 days to appeal the individual Commission member's decision to the full Crime Victim Services Commission. You may request an evidentiary hearing. The decision of the full Commission is final. If still dissatisfied, you may file a request for leave to appeal with the Court of Appeals within 30 days after the Crime Victim Services Commission's final decision.

16. Is my application confidential?

A person's papers and testimony before the Commission are private. The Commission may tell only whether a person's claim was approved or denied. Any other information will only be released by a court order.

Witness Assistance

1. Why am I a witness? I didn't see the crime occur.

Witnesses are not limited to "eye witnesses." You may have seen or heard the crime happen or may know something about it. You may also know something about a piece of evidence or may know something that contradicts another witness' testimony. You may not think that what you know about the case is very significant; however, small pieces of information are often required to determine what really happened. If you wonder "why" you are testifying in a particular case, ask the Assistant Prosecutor handling it (or our Witness Coordinator); there is probably a common-sense reason.

Your presence and willingness to testify may be the deciding factor in determining what will be done in the case. Many defendants hope that you or other witnesses will not show up. Your mere presence at the Courthouse before the trial may cause the defendant to plead guilty.

2. What if the defense attorney contacts me?

3. Do I have to testify in front of the defendant?

The defendant must be present in court to hear what all the witnesses say about him/her. The lawyer for the defendant is called the defense attorney and will ask you questions after the Assistant Prosecuting Attorney does.

4. Who will be with me in court?

You may bring friends or relatives with you to court, and they can most likely sit in the courtroom while you testify, but they cannot 'help you answer a question' (verbal or non-verbal cues to you). If they are also a witness and have not yet testified, they will generally have to wait outside the courtroom for their turn – this is called "sequestration.") Our Victim/Witness Advocate may also be with you, if you request.

5. How long will I be at court?

Your court room time, while actually testifying, may not take long; it depends upon many factors. Most of the time you will just be waiting for your turn to testify. You and your family and friends are encouraged to bring a book or magazine to read while you wait.

6. How many times will I have to appear in court?

No one can tell in advance how many times or how long you will have to be in court. The process of justice takes time. The number of times you may be called to appear in court and the delays you may encounter are the result of many factors, including pre-trial motions or other scheduled events with your case, or congestion on the judge's court calendar.

The stages involved in processing a criminal case are summarized on our Criminal Case Process page. In general, your first and only appearance for misdemeanor offenses will be for the actual trial. In a felony case, the first time you appear as a witness may be for the preliminary examination. On rare occasions, pre-trial motions by the defense attorney or by the prosecuting attorney may require additional hearings before the trial begins, which may require witness testimony.

7. Does the Prosecuting Attorney's office pay my witness fee? Am I paid in cash?

All witness fee payments are made by check through the court handling your case.

8. Can I get witness fees whether or not I attend on the date stated in the subpoena? What if I can't attend on the date stated in the subpoena?

Whether a witness receives any witness fee is within the discretion of the court. A court can order that you receive witness fees ($6 per morning or afternoon court session that you are ordered to attend), plus mileage ($0.10 per mile, round trip). If you have a date conflict, you should contact our Witness Coordinator, Witness Hotline at 989-224-5279 immediately to discuss your conflict. In some cases, the Prosecuting Attorney handling the case can put you "on call" (so that you can go to work or school on the day you are subpoenaed, and you will be called at a pre-arranged phone number an hour or so before you are needed in court).

Witnesses receive witness fees and mileage only when they appear in court at the scheduled time. You will not receive a witness fee or mileage if your case (or your individual appearance) was "called off" or if you do not appear.

9. What if my employer won't let me come to court?

If you are lawfully subpoenaed to court, an employer cannot prevent court attendance. When appropriate, the Prosecuting Attorney's Office will contact your employer to discuss the importance of your role as a witness. We can also provide you with a note, on our letterhead, confirming the days/hours when you were in court.

10. How do I know if my case has been "called off"?

Call our Witness Hotline at 989-224-5279.

11. What if I need an interpreter?

Foreign language interpreters and interpreters for the hearing and/or speech impaired are available. If you are in need of interpreting services while in attendance at court, contact the Prosecuting Attorney Victim/Witness Coordinator as soon as possible.

12. What if someone threatens me?

Concerns about your well-being and safety after being victimized or witnessing a crime are normal. If you have any fears or receive any threats concerning your involvement in a case, you should immediately contact the law enforcement agency that investigated the case, or the Prosecuting Attorney's Office. In an emergency situation, call 911. Do so as soon as possible so that the threats can be documented and appropriate action taken. There are laws to protect you against people who attempt to bribe, intimidate, threaten, or harass you.

13. I was subpoenaed by the defendant, not the prosecutor. Does this change anything?

Our Witness Assistance program helps the witnesses that the Prosecutor's office subpoenas to court, not witnesses whom the defendant subpoenas.

Paternity

1. What is the Prosecutor's role in establishing paternity in Michigan?

After a referral from the Michigan Department of Health and Human Services (DHHS), the Prosecuting Attorney's office interviews the custodial parent and files a complaint in Circuit Court. The non-custodial parent is served with a copy of the complaint and refers case to FOC or enters a stipulated order. The Prosecuting Attorney's office schedules court appearances and arranges for DNA testing or buccal swabs from the parties. Finally, if paternity is established, the Prosecuting Attorney will prepare the Order for Paternity that is entered in the Circuit Court's Family Division.

2. Who do I contact at the Clinton County Prosecutor's office?

Our Paternity and Child Support Specialists, please call at (989) 224-5262.

3. What is paternity?

Paternity means "fatherhood." The term "establishing paternity" means making the biological father of a child born out of wedlock the legal father.

4. Why is it important to establish paternity?

The parents and child have the right to have a parent-child relationship. Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Other reasons include:

Identity and Family Ties: It is important to know who we are. Children who know both parents develop a sense of "belonging." Children may also benefit from knowing their family's biological, cultural, and medical history.
Money: The law requires both parents to support their children, even if the pregnancy was unplanned. Children supported by just one parent often do not have enough money for their needs. Parents can share the costs needed for the child, even if they do not live together.
Benefits: The child has the right to its parents' benefits (social security, insurance, pension, inheritance, veterans' benefits, etc.).
Medical: The child may need a complete medical history from the families of both parents, including inherited health problems.

5. How is legal paternity established?

Paternity is established in the following ways:

Married Parents: If the mother is married when the baby is born or when the mother became pregnant, her husband is automatically considered by law to be the father, unless a court says otherwise. If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is considered by law to be the father.
Unmarried Parents: Parents who are not married to each other when the child was conceived or born must do something, must take action, to establish paternity. Paternity can be established by both parents signing a voluntary Affidavit of Parentage (PDF) that is filed with the Michigan Department of Community Health's Office of the State Registrar, or a judge can declare that a man is the legal father after a hearing or default.

Note: A child can have only one legal father. If the mother is married at the time of conception or birth but her husband is not the biological father of the child, a voluntary Affidavit of Parentage is not allowed to make the non-husband the child's legal father unless a court has already determined in a court order that the husband is not the biological father.

6. How do I start a paternity case?

In many cases, when the custodial parent or a child's legal guardian receives state assistance for the child (e.g, medicaid, food stamps, etc.), the Department of Health and Human Services will send a referral to us to establish paternity and a support order, even if the custodial parent has not requested child support. The support money is used to reimburse the state for the coverage and services it spends on the child. The custodial parent must fill out and submit the IV-D Child Support Services Application/Referral form (PDF). It can be submitted by mail to:

Michigan Office of Child Support

Central Functions Unit

P.O. Box 30744

Lansing, MI 48909

You can also use the Department of Health and Human Services (DHHS) MiChildSupport website portal to apply for child support. In some cases, the custodial parent can call the DHHS Office of Child Support at 866-540-0008 and talk to a Support Specialist. Once your application has been properly filed, your case will then be referred to the Prosecutor's Office's Family Support Division and a case will be opened.

After your case is opened, you will be mailed an appointment letter. You will likely be asked to bring in some important documents (pay stubs, driver's license, child's birth certificate) on your appointment day. The information will be used to file a lawsuit against the absent parent so it is very important that all requested documents are brought to this initial meeting. A complaint will be prepared and your case will be filed with the court.

7. What happens with the absent parent?

Once the support order case is filed, our office may schedule an appointment with the absent parent in our office. The court papers will be given to the non-custodial parent and case issues will be explained.

A final Order, resolving the case by consent, might be signed at that time. At times, it is necessary to arrange for papers to be served by an outside agency if the absent parent does not respond.

Once the papers are served on the absent parent, the absent parent has a little less than a month to respond in writing to the facts alleged in the Complaint. If not, we will ask the Judge to enter a "default order" against the parent to establish paternity and/or child support. Payments will then be collected and obligations enforced by the Friend of the Court (FOC).

8. How can the father voluntarily acknowledge paternity?

Both parents must sign papers acknowledging paternity. The Affidavit of Parentage (PDF) must be notarized and filed with the Michigan Department of Health and Human Services Central Registry Division for Vital Records and Health Statistics. Before signing the form in the presence of a notary public, the father must provide pictured identification and his social security number (plus other identification, if necessary).

9. Can the Affidavit of Parentage be filed by mail?

Yes. The completed Affidavit of Parentage form (PDF) can be mailed to:

Central Paternity Registry

Division of Vital Records and Health Statistics

Michigan Department of Health and Human Services

P.O. Box 30691

Lansing, MI 48909

Phone: 517-335-8676

10. Is there a fee for filing the Affidavit of Parentage?

No. However, certified copies of the Affidavit of Parentage (PDF) are available from the Central Registry for $34 (additional copies are $16 each).

11. What if the father refuses to acknowledge paternity?

The mother (or the Michigan Department of Health and Human Services, if the child is receiving public assistance such as Medicaid, Women, Infant, and Children, etc.) may bring a paternity suit to have the matter resolved in court. The alleged father is entitled to a hearing in Circuit Court to prove whether he is the father. If the mother fails to cooperate with this process (including the filing of a paternity Complaint in court, attending court hearings, participating in DNA sampling with her child) her public assistance benefits could be affected.

12. Can a legal father revoke paternity?

Michigan has created a statutory process through the Revocation of Paternity Act (ROPA) (PDF) for a legal father to challenge his legal paternity. The process depends on how he was established as the legal father.

Presumed Father (married to the mother at the time of conception or birth)
Acknowledged Father (affirmatively held himself out to be the child's father by executing an acknowledgment of parentage)
Genetic Father (determined to be the father through genetic testing)
Affiliated Father (determined to be the father through a prior court order)
Alleged Father (a man who through his actions could be the father)

The ROPA laws should be carefully reviewed and followed to ensure that time lines and steps in the process are followed. Michigan Legal Help has some useful information, answering a variety of questions in this process.

13. What if the mother is not sure who her child's father is?

The mother should call an Office of Child Support Specialist, toll-free at 866-540-0008, who will help her to identify and locate (if necessary) the father free of charge. The mother does not have to be on public assistance to seek help from a Support Specialist.

14. When is a DNA test necessary? How is a paternity DNA test done?

A DNA test is needed when the alleged father denies or questions paternity. In Clinton County, DNA testing uses a buccal swab, a painless Q-Tip®-like swab that is rubbed inside the mouth to painlessly capture skin cells containing DNA. The samples are taken from the mother, child and alleged father and are tested at a DCC DNA Diagnostic Center. The tests compare many different and complex details of the child's blood with similar details in the mother's and alleged father's blood.

15. What does paternity blood testing show?

The tests can accurately show that a man is not the father of the child, or a percentage of likelihood that he is the father (e.g, 99.99% probability). If the results show that the alleged father is not the biological father, the paternity case is dismissed. Because of its accuracy, the DNA test result generally settles the issue, so contested paternity trials are rare.

16. Who pays for the DNA tests?

The court will decide who pays. In many case, the alleged father is ordered to pay when he is proven to be the biological father.

17. Can the parents do private DNA testing?

Yes. If a private attorney files a paternity case, they may arrange for DNA testing but Michigan law requires that the analysis occur through a certified lab. "At-home" DNA kits, like those that can be purchased at a pharmacy, are not admissible in court.

18. What happens if the mother or father is not 18?

The mother's or father's age is irrelevant in the state of Michigan.

19. How long after the child is born can paternity be established?

Both Michigan and federal laws permit paternity actions to be started anytime before the child reaches the age of 18, but, you should not wait to establish paternity. Your child has the right to expect regular and continued emotional and financial support from both parents. Give your child the best possible chance in life by getting paternity established now.

20. When can the father's name be put on the birth certificate?

If the mother is married, her husband's name will be recorded on the birth certificate. In other circumstances:

If the mother has been divorced or widowed for less than ten months, her husband at the time of conception will be named on the birth certificate.
If the mother was not married at the time of conception or birth, the father's name can be placed on the birth certificate if an Affidavit of Parentage has been signed and notarized.

Birth certificates are not automatically changed when an Affidavit of Parentage is filed, unless the change is made at the birth hospital before the birth has been registered. Changes to registered birth records can be requested based upon a properly completed Affidavit of Parentage, but the birth record correction must be requested on an Application to Correct a Certificate of Birth (PDF). A birth certificate can be changed to reflect the father listed on this Affidavit if no other man is recorded on the birth certificate as the child's father. Should a conflict exist, a court determination of paternity may become necessary.

21. If the parents decide to voluntarily acknowledge paternity, what other steps must be taken?

Beside filing the notarized Affidavit of Parentage with the Michigan Department of Health Services Central Paternity Registry Division for Vital Records and Health Statistics, the parents should try to agree on issues of child support, parenting time ("visitation") and custody. If the parents cannot agree, then they must get a court order.

In Clinton County, child custody and visitation issues are decided before the paternity order is entered. Other counties may handle the timing of custody and visitation orders differently. Check with your county's Prosecuting Attorney.

22. What web sites have Michigan paternity-related information?

The following resources contain paternity information:

"DNA Paternity Testing" (MDHHS) (PDF)

"Give Your Child the Dad-vantage" (MDHHS OCS) (PDF)

"Give Your Child the Dad-vantage" (MDHHS OCS)

"What Every Parent Should Know About Establishing Paternity" (MDHHS OCS) (PDF)

Child Support

1. What is a "support order"?

A support order means any order entered by the Circuit Court which requires the payment of money for:

Child Care Expenses
Child Support
Educational Expenses
Medical, Dental and Other Health Care Expenses
Spousal Support (Alimony)

2. What is in a support order?

The final court Order will include a child support obligation dollar figure, to be paid by income withholding for an employed parent (usually expressed in "$____/month"), a child care contribution, each parent's responsibility for medical insurance or uninsured medical expenses, each parent's responsibility to report certain changes in circumstances or coverage to the Friend of the Court, reimbursement for pregnancy and/or childbirth expenses and, if the parties agree, a provision for parenting time or custody.

3. How do I get a court order for child support?

A petition requesting an Order of Support must be filed in the Circuit Court. If both parties (and the Judge) agree on the amount, an order can be quickly entered. If the parties cannot agree, you can consult with a private lawyer, or apply online under the Department of Health and Human Services (DHHS) IV-D services. You do not have to be on public assistance to seek help. DHHS will refer the support case to the Prosecuting Attorney, who can file an action in Circuit Court under the Family Support Act. Contact: Michigan Office of Child Support, Central Functions Unit, P.O. Box 30744, Lansing, MI 48909; Phone: 866-540-0008; Alternate Phone: 866-661-0005.

Once the support order has been entered, if the parents get back together and decide to end the family support order, they must contact their private lawyer or the Friend of the Court to stop the support order. It is not sufficient to just notify a Department of Health and Human Services (DHHS) case worker.

4. How is child support determined?

Child support is set by a formula in the Michigan Child Support Guidelines. (You may want to download the Michigan Child Support Guidelines Manual to better understand this process.) The formula considers both parents' income, the number of children and their custodial arrangements, other child support payments, etc. But every-day financial responsibilities like rent/mortgages, utilities, credit card debts, etc. are not factored in.

The child's medical costs may also be included in the child support order. The Department of Health and Human Services (DHHS) MiChildSupport website has a free Child Support Calculator to help you estimate what will be ordered.

5. Will the Prosecutor help me collect child support?

No. The Friend of the Court is responsible for enforcing payment orders and collecting delinquencies (although you may also hire a private attorney to file an enforcement action). Child support is generally collected through income-withholding from the parent's paycheck. If the person is self- or un-employed, payment must be made personally.

6. What if the parent responsible for paying lives outside Michigan?

We can file a case for paternity and/or child support even if the absent parent lives in another state. In some cases, when that party is a former Michigan resident or other factors exist, we may still be able to file a case in our county.

If there are not sufficient ties to the state of Michigan, an action is filed under the Uniform Interstate Family Support Act (UIFSA). The papers are prepared in our office, filed with our court and forwarded to the state where the absent parent resides. The final court Order must be obtained in the other state. Although we process interstate cases right away, we cannot control the time it takes another state to obtain an Order. We will monitor the other state's efforts on a regular basis and contact you if additional information is required.

7. The parent responsible for paying support has stopped paying. What can be done?

The Friend of the Court is responsible for enforcing payment orders and collecting delinquencies (although you may also hire a private attorney to file an enforcement action). There are several options: income withholding orders, show cause hearings (civil contempt hearings held with the Judge who issued the support order), tax refund intercepts, and liens on the payor's property are the most common methods used.

Note: Visitation and support orders are separate orders of the Court, with separate enforcement procedures. If you are not being paid the support monies to which you believe you are entitled, you may not withhold parenting time ("visitation") from the delinquent parent.

8. How can a non-paying parent be found?

The Office of Child Support, the Prosecuting Attorney's office child support specialist, and the Friend of the Court have resources to locate people. But any information that the custodial parent has is accepted. Some helpful information that you can provide us is found on this Department of Health and Human Services (DHHS) web page.

9. The parent responsible for paying support has moved to another state. What do I do?

The parent responsible for paying child support must continue to pay support through the Friend of the Court (FOC), even if he or she leaves the State of Michigan. If child support payments stop, the parent who is owed the money has several options:

Contact a private lawyer.
Register the Michigan order in the other state where the paying parent lives. (The Friend of the Court or a private lawyer can help do this.) Once registered, it becomes an order of that state's court, and is enforced by that other state. (Note: In some states, registering the support order requires registering the custody and visitation orders, which will give the other state's court the power to change the terms of the support, custody or visitation orders, if asked.)
Request the Friend of the Court to arrange for the Michigan court to send an interstate income withholding order, if the name and address of the payer's source of income are known. The FOC can then begin an interstate income withholding action.

10. What websites have Michigan child support-related information?

The following resources contain child support information:

2017 Michigan Child Support Calculation Manual
Federal Administration for Children and Families
Federal Office of Child Support Enforcement
"How to Apply for Child Support Services" (MDHHS)
MiChildSupport Calculator (MDHHS)

FAQ's

Anatomy of a Criminal Case

Getting A PPO

PPO Violations

Victim Assistance

Victim Compensation

Witness Assistance

Paternity

Child Support

Contact Us

Stay Connected

Quick Links

Using This Site