Legal Question in Criminal Law in Michigan
My daughter was the victim of an armed robbery. The trial for the defendants has been postponed because of the death of a family member of one of the defense attorneys. This has happened 2 times the week before the trial. Sounds kind of fishy to me. My daughter has to put in in advance when she needs time off work to be at the trial to testify. Can she get monetary compensation for this?
1 Answer from Attorneys
No, under current case law interpreting the Crime Victim's Rights Act. Maybe the right set of facts and a prosecutor willing to push the issue on appeal could change this. Indeed, to my knowledge, the case law that runs against you comes from the late '80s or early '90s when the CVRA was in its infancy. The case that comes to mind is People v Jones, 168 Mich App 191 (1988), which said that a victim's used sick time or travel expenses to court hearings cannot be ordered as restitution. I've always had a philosophical problem with this case's decision because the victim is doing nothing more than exercising one of his/her constitutional rights as a victim: to attend all court hearings the defendant has a right to attend. If there are unpaid expenses to come to court, why shouldn't a convicted defendant be ordered to reimburse them?. Since the Jones decision came out, there have been many CVRA legislative amendments and appellate court decisions that have all expanded opportunities for crime victims to be made as-whole-as-possible (including CVRA amendments that say that a parent's expenses incurred so their minor child victim can exercise his/her CVRA rights and privileges CAN be ordered as restitution ... which should include mileage and lodging for court hearings ... so why can't an adult victim get repaid for the same thing?? But I digress.) Newer cases have said that the CVRA must be given broad construction (good for victims!) not narrowly/strictly construed; etc. In light of these more recent CVRA interpretations, that 22-yr old interpretation might be re-thought ... which is why a prosecutor today might take this issue up on appeal if a trial court record is made and the facts are good ones. That said, everyone makes sacrifices for trials -- just look at the jurors who are paid $25/day plus nominal mileage to fill the critical role of fact-finders (and they have to be there every moment of the trial plus an unknown amount of deliberation time). Subpoenaed witnesses get paid even less for coming to court, mileage, etc. Your daughter is not alone.
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