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64B District Court Probation

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1. What is an oversight appointment?

"Oversight" is the term used to describe a probation appointment.

2. What is a show cause hearing?

A show cause is the opportunity to explain to the Judge why you are not doing as ordered.

3. Can we arrest you for a probation violation?

No, the probationer must be "cited" into court for a show cause hearing or probation violation. We cannot violate on an anonymous phone call. We can violate if the person calling wishes to come in and testify to what they have actually seen. A violation hearing only needs to be proven 51%, not by overwhelming evidence or proof that would be needed in a criminal trial.

4. What is the minimum age of our probationers?

To be placed on probation through the District Court you must have reached your 17th birthday at the time the crime was committed.

5. How long can someone be placed on District Court Probation?

Usually two years is the maximum, but there are certain crimes, such as stalking, that can be sentenced up to 5 years of supervised probation.

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Adult Probation / Parole

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1. What is parole?

Parole is community supervision of offenders released from prison. The rules and conditions of parole are governed by the State of Michigan and the Parole Board. The terms and length of parole is set by the Parole Board. Local field agents monitor and enforce the conditions of parole while the parolee is in the community.

2. What is probation?

Probation is community supervision of offenders who have been ordered by the Circuit Court to comply with specific conditions. The Circuit Court Judge imposes a sentence that can consist of jail, tether, community service, probation or any combination of these and others. If the offender is placed on probation, the Judge determines the conditions which the offender must obey. The Judge also establishes any fines, costs, and restitution that the offender must pay. Field agents from the probation office supervise the offenders and monitor their compliance with the terms of probation while in the community. The sentencing judge is responsible for making any decisions regarding the offender’s status.

3. What is electronic monitoring and how does it work?

Electronic Monitoring can consist of curfew monitoring (tether), GPS monitoring, and alcohol monitoring. Curfew monitoring is a system that monitors when an offender is in their residence and enforces a specific curfew. The offender is only allowed out of their residence for specific times/purposes. Global Positioning (GPS) is used to track the current and past locations of specific offenders in the community. Finally, alcohol monitoring (SCRAM or Sobrietor) is used to monitor the offender's consumption of alcohol. These forms of monitoring are intensive forms of community supervision and are usually used in lieu of additional incarceration.

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Civil Infractions Info / Payments

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1. How do I pay my ticket?

To find out how much the payment is, look up the offense on your ticket in the Schedule of Fines and Costs on this website. Admit responsibility on the ticket, and make sure that the ticket and the payment are returned to the court in person or by mail within 14 days. Payment may be made by check, cash, credit or debit card, or money order. Checks should be made out to the 64B District Court. Do not send cash by mail.

Credit or Debit Card

Go to allpaid and enter pay location code (PLC) 1925 or call 888-604-7888. Again, you will need the pay location code of 1925 when you call. Handling fees will be applied. Use your ticket number if you do not have a case number.

2. How do I admit responsibility with an explanation?

Sign your ticket on the back admitting with an explanation and turn it in with your explanation on a separate sheet of paper within 14 days. The magistrate will read the explanation, and a judgment will be returned by mail.

3. How do I contest my ticket?

You may contest your citation by mail, by coming in person to the court, or by having a lawyer contact the court, all within 14 days of your receipt of the ticket. To contest the ticket by mail, deny responsibility in the space provided on the ticket, and make sure that it is received by the court within 14 days of issuance. You are entitled to an informal hearing in front of the magistrate or a formal hearing in front of the judge. If you do not specifically request a formal hearing, the court will automatically set an informal hearing for you and the issuing officer in front of a magistrate. You will be sent a notice in the mail to appear approximately 10 to 14 days before your hearing date.

4. What if I don't agree with the magistrate's decision at the informal hearing?

You may appeal the decision within seven days of the judgment date by filling out a claim of appeal and posting a cash bond in the amount of the ticket. A formal hearing will be scheduled with the judge.

5. How do I take care of a defective equipment ticket?

Have the equipment repaired, and take your ticket to a police agency for an officer to sign off. Turn the ticket in to the court within 14 days, and fines will be waived.

6. How many points does a civil infraction put on my license?

You may contact the Michigan Department of State Information Center at 888-767-6424 for this information

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Custody

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1. I want to change the physical custody of my children. What do I do?

If the parties agree on a custody modification, one of the parties must file a “Stipulated Motion for Change of Custody, Parenting Time and/or Domicile” with the FOC. The forms are on this website. Detailed instructions explain how to file this paperwork and the filing fees required for entry of the order.  

If the parties do not agree on a custody modification, one of the parties may file a "Motion for Change of Custody" and a "Notice of Disputed Custody" with the FOC. The forms are on this website. Detailed instructions explain how to file this paperwork and the filing fees required.

2. Do I need an attorney to file a Motion to Change Custody?

No. You may file the motion on your own. However, the court will expect you to follow the same rules that an attorney must follow and pay any required filing fees. There are many complex issues in a custody case and most people prefer to have an attorney represent them. The Friend of Court (FOC) cannot file a motion for you, nor can the office provide you with an attorney or tell you what to say in the motion. If you have retained an attorney (for any reason), you cannot file this motion on your own. You must contact your attorney and have him/her do the filing.

3. Can the FOC assist parties in reaching an agreement regarding custody?

Yes. The FOC provides domestic relations mediation when there is a custody dispute and both parties agree to participate in mediation. 

4. If a motion for custody has been filed, and the parents cannot reach an agreement on their own, what will the FOC do?

The FOC must:

• Offer mediation services to the parties
• If the Judge directs, the FOC must investigate the custody issue and file a written report and recommendation based upon the “best interests of the child” factors in the Michigan Child Custody Act.

5. May I receive a copy of the FOC’s custody report and recommendation?

Upon request, and before the court acts on the recommendation, the FOC must give each party or that party’s attorney a copy of the report, including the custody recommendation and a summary of the information used in making the recommendation.

6. What happens if I have custody according to the court’s order, but the other parent does not return the child to me as required by the order?

• You may contact the FOC office and request enforcement of the order.
• You may contact your attorney.
• If you believe the other parent will refuse to return the child, you may contact the police or the prosecuting attorney and ask either to file a parental
• kidnapping charge.

7. How do I enforce the custody order if the other parent takes our child to another country?

When a child who is a U.S. citizen is illegally kept outside of this country, the U.S. State Department’s Office of Children’s Issues will work with the local U.S. embassy and the other country’s government to assist the child and the lawful custodial parent. However, because child custody disputes are private legal disputes between the two parents, the State Department has no jurisdiction to force the other parent to obey a court order. If the parents cannot reach an agreement, this kind of child custody dispute often must be resolved by judicial proceedings in the country where the child and the other parent are living. The State Department will help the lawful custodial parent to file the appropriate documents with the foreign authorities. It also will monitor and report on the foreign judicial or administrative proceedings.

8. Is the FOC allowed to investigate child abuse or neglect?

No. The FOC does not have the authority to investigate child abuse or neglect. Child abuse or neglect should be reported to the Department of Health and Human Services-Child Protective Services Division in the county where the custodial parent and child live.

9. If I change my mind and want to stop my request for a custody change, what must I do?

You may withdraw your motion by completing a “Withdrawal of Motion for Change of Custody” form found on this site.

10. If I object to the Referee’s Recommendation, what can I do?

You may request a DeNovo Review by the assigned Judge by filing an “Objection to Referee’s Recommended Order." The form is on this website. Detailed instructions explain how to file this paperwork. 

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Home - FAQs

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1. How do I pay my city water bill?

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3. How do I apply for a job with the City?

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4. My trash didn't get picked up, what should I do now?

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6. How can I see the agenda for an upcoming City Council or Board meeting?

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PA123 Information

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1. If I don't pay my taxes will I really lose my house and property?

Yes. Property owners who had delinquent taxes under the old law could also lose their property, but they had more time to pay and more second chances. Under the new law, if your taxes are delinquent for approximately 25 months, that's it. You've lost the property!!!

2. What is a delinquent tax?

A delinquent tax is a tax that has been forwarded to the county treasurer for collection on March 1 of the year after it was due. For example, taxes that are billed by your city or township treasurer in 2020, will be turned in to the county treasurer delinquent on March 1, 2021.

3. What happens after the property is forwarded to the county treasurer for collection?

The county treasurer adds a 4% administration fee and interest of 1% per month. After one year of delinquency, the property is forfeited to the county treasurer. For example, the 2019 taxes that are still unpaid as of March 1, 2021, will be in forfeiture.

4. What does it mean for my property to be in forfeiture? Does that mean I lose my property?

No. Forfeiture is not the foreclosure. If your property is in forfeiture you still have a year before it will be foreclosed. However, the interest and fees will be higher. When a property is forfeited, the interest rate goes from 1% per month to 1.5% per month, back to the date the taxes became delinquent. A $175 fee, recording fees, and administrative fees will also be added.

5. What happens after my property is in forfeiture?

After a property has been in forfeiture for approximately 13 months, it will be foreclosed. 2018 property taxes will be foreclosed on March 31, 2021.

6. What happens after my property is foreclosed? How do I get it back?

You can not get your property back after it has been foreclosed. Foreclosure is final. Property that has been foreclosed will be sold at a public auction.

7. What if I can't come up with all the money right now?

You can make partial payments. Make your check or money order payable to the Montcalm County Treasurer. To ensure that your payment is applied to your parcel, please write your parcel number on your check or money order. Our mailing address is 211 W Main Street, P.O. Box 368, Stanton, MI 48888. 

To make any payment of delinquent taxes by Credit/Debit Card on the Internet go to Montcalm County Online Payment website.

If you can't pay all of your taxes before foreclosure, contact the Treasurer's Office for a list of agencies that may provide possible financial assistance.

8. Will I receive notification before my property is foreclosed?

Yes. At least five attempts at notification will be made. Two will be by first class mail, two by certified mail, and the last notification will be made by personal service. In addition to these notifications, names and addresses of delinquent property owners may be published in the newspaper. It is the owner/taxpayer's responsibility to notify the local unit and us when there is an address change.

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Parenting Time

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1. My order for parenting time states I will have “reasonable” parenting time. What does this mean?

An order that grants “reasonable” parenting time assumes that you and the other parent will agree to a parenting time schedule that is convenient for both of you and the child. If you and the other parent cannot agree on a “reasonable parenting time” schedule you may file a motion on your own to modify parenting time or contact an attorney. The forms and instructions for filing are available on this website.  If you have retained an attorney (for any reason) you cannot file this motion on your own. You must contact your attorney and have him/her do the filing.

2. My order sets out a specific parenting time schedule. I would like to change that schedule. What can I do?

First, ask the other parent to agree to a change. If you agree, then both of you should file a “Stipulated Motion for Change of Custody, Parenting Time and/or Domicile.” The form and instructions are available on this website. You will be scheduled to meet with the FOC mediator. The Judge will usually sign an approvable order that is based on the parents’ agreement. The agreement by itself is not enforceable; it must first be signed by the Judge as the new court order.

If you cannot agree on the changes, either parent may ask the FOC to mediate the dispute. The FOC will provide mediation services if both parents agree to participate. If no agreement is possible, you may file a motion asking the court to order a new parenting time schedule. The forms and instructions for filing are available on this website. If you have retained an attorney (for any reason) you cannot file this motion on your own. You MUST contact your attorney and have him/her do the filing.

3. I am not getting my parenting time that the court ordered. What do I do?

Minor problems with parenting time are best resolved by the parties. With major and/or recurrent parenting time problems, the FOC office may be contacted in writing by filing a “Parenting Time Affidavit.” The form and instructions are available on this website.  Once reviewed by a Friend of the Court mediator, the parties may be asked to meet with the mediator to attempt to resolve the problems. If the problems cannot be resolved, the case may be set for a hearing before the Circuit Court Referee. Possible sanctions for noncompliance with a court order include makeup parenting time, imposition of court costs, or even the imposition of jail time. Friend of the Court staff do not solve parenting time problems between the parties; rather, FOC staff are available to assist the parties in creating their own solutions to the problem.

4. The other parent wrongfully withholds my parenting time. Do I still need to pay my full child support obligation?

Yes. Withholding parenting time that has been ordered by the court is wrong. Failure to pay court ordered child support is also wrong. Two wrongs do not make a right.

5. May I take my children out-of-state for a vacation without first obtaining court approval?

Normally, yes. Vacations of a duration of two weeks or less normally do not require court approval. Protracted out-of-state vacations and all changes of domicile normally require court approval because such action will influence the rights of the other parent.

6. The other parent is not sending or returning clothing or other personal items that our child uses during parenting time. Can the FOC do something about that?

The FOC can only enforce the court’s written orders. If your court order does not say anything specific about transferring clothing or other personal items, try to work it out with the other parent directly or with help, such as FOC mediation services. If that is unsuccessful, you may file a motion requesting a modification. The forms and instructions are available on this website.

7. If I think that the other parent is under the influence of alcohol or drugs, do I have to let the children go with that other parent for scheduled parenting time?

That is your decision as a parent. If you violate the court order in such a situation, you may have to explain your decision to the court at a “show cause” hearing held to decide whether you should be held in contempt of court for disobeying the parenting time order. That will be your opportunity to explain why your decision was in the best interests of the children. If the Judge agrees, you will not be held in contempt or otherwise sanctioned.

8. The other parent will not let me telephone my children. What can the FOC do?

The FOC can only enforce the written orders of the court. If your court order does not provide for telephone calls, try to negotiate an agreement with the other parent. You may request FOC mediation or other methods of resolution. In addition, you may file a motion asking the court to modify the parenting time order to require that you be allowed to call your children. The forms and instructions are available on this website.

9. I think that my child is being abused during parenting time spent with the other parent. What should I do?

Report your concerns to the Department of Health and Human Services-Child Protective Services Division in the county where the custodial parent and children live. The FOC does not have the authority to investigate abuse or neglect allegations, nor can it remove children from the home of a person who commits or allows mistreatment. Only Child Protective Services can do that.

10. I have been served papers for a change in our order and I disagree with the information given or want the FOC to know more before court. What can I do?

File a “Response to Motion Regarding Parenting Time” available on this website.

11. I disagree with the Referee’s Recommendation. What can I do?

You can file for a DeNovo Review by the assigned Judge. The forms and instructions are available on this website. 

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PPO Information

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1. Isn't it a crime for someone to assault me or threaten to assault me? So why do I need this order?

Yes, it is a crime in Michigan for someone to assault or threaten another person. Michigan law provides protection to persons who have a domestic relationship or those who are being harassed or stalked by another person by allowing you to file a PPO.

2. Will the PPO go into effect as soon as the judge signs it?

Yes, the county clerk's office is responsible for providing a copy of the order to the local police agency so that it can immediately be entered into the Law Enforcement Information Network (LEIN).

3. Do I need an attorney?

No, these forms will allow you to file for a PPO yourself.

4. Can I get a PPO to protect me from a stalker?

Yes, stalking involves harassment that causes you to feel terrorized, threatened, intimidated, frightened or molested. This could include following you, making unwanted calls or mailings, or showing up repeatedly at your home or work.

5. How do I file for a stalking PPO?

The county clerk or circuit court where you live can provide forms with step-by-step instructions on how to file for a stalking PPO.

6. What information will I need to file for a PPO?

Some of the things you may need before you fill out the forms include: a copy of your complaint about divorce, annulment, or separate maintenance; copies of custody orders if there are any; and the costs of serving papers on the restrained person. The cost for personal service may vary from county to county.

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Probate Court - Minor Guardianships

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1. Will the guardianship be temporary?

Minor guardianships, once established through the Court, are not temporary but rather continue until the age of eighteen or terminated by the Court. An order establishing a guardianship will state that the minor may not be returned to the parent(s) without a prior court order.

2. How long will it take to establish the Guardianship?

Upon the filing of a petition, a hearing will be scheduled at least 5 to 6 weeks after the filing of the petition to allow the Department of Human Services to perform an investigation of the proposed guardianship and make a recommendation to the Court as to the appropriateness of the guardianship and proposed guardian.

In addition to this investigation, Montcalm County Probate Court performs a criminal history check on all proposed guardians and any adult residing in the home with the minor child.

3. If I am appointed guardian, what do I have to do?

Upon appointment of the guardian, he/she will be required to file an acceptance of appointment (PDF) (SCAO Form PC571) indicating that they are willing to serve as guardian of the minor until age eighteen. The guardian will be issued letters of authority which contain language that the minor cannot be returned to the parent(s) without a court order.

The guardian is expected to maintain their current address and the current address of the minor at all times with the Court. You will find a Change of Address form (PDF) on the website for your use.

Yearly, on the anniversary of the appointment of the guardian, the guardian will be required to file an annual report of guardian and proof of service. See instructions for Annual Reporting.

In addition to the yearly reporting of the guardian, the Department of Human Services will be ordered to do a review of the guardianship one year after the appointment of the guardian and yearly thereafter for any children under the age of six or every three years for minors over the age of six. The Department of Human Services will file a report on the status of the minor guardianship with recommendations for continuation of the guardianship. If necessary, the Court will schedule a review hearing based on the recommendations of the Department of Human Services.

4. What do I have to do when I petition for guardianship?

In any type of guardianship, upon the filing of the petition with the Court the petitioner will be required to set the matter for hearing and provide "notice" of their petition and the pending hearing on the parent(s), the minor (if over age 14 years of age) or in the case of a limited guardianship, the proposed guardian. The petitioner will be required to complete and file a Proof of Service with the Court (see instructions for filing a Proof of Service (PDF)).

At the hearing, the petitioner will be expected to appear to present their petition and present testimony and/or evidence as to why their petition should be granted. The judge will determine if there is a basis for the guardianship and if the proposed guardian is appropriate for appointment

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Prosecuting Attorney

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1. I feel that a crime has been committed. How do I press charges? Can I report directly to the Prosecutor's Office?

Crimes are investigated by 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 Greenville should be reported to the Greenville Department of Public Safety. Likewise, crimes occurring in boundaries of Carson City, Home Township, Lakeview, and Stanton should be reported to the municipal policy departments. If the crime was committed elsewhere inside Montcalm County, or in an area where the Montcalm County Sheriff is the contracting law enforcement agency (e.g., Howard City, Edmore, Eureka township, and Crystal township), 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 charge(s) should be issued.

2. How do I press counter-charges against someone?

This request generally arises from assaults, Regardless of whether you have already been charged, if you believe that a crime has been committed against you, go to the appropriate police department to file a complaint and request an investigation. Your case will be reviewed on its own merits.

3. I am a victim. Can I drop the charge(s)?

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 cannot "pressure" the victim into dropping the charges.

Although the decision whether to prosecute or not 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 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).

On Domestic Violence cases our office does require a Safety Plan to be completed with R.A.V.E. (Relief After Violent Encounter) before the victim is allowed to fill out a form to request charges be dropped. They must contact Melissa Campbell - R.A.V.E. at 616-527-3351, ext. 226 to schedule an appointment.

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

No.

The Prosecuting Attorney's office only authorizes a criminal complaint; the court authorizes an arrest warrant, and the policy 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. If the Prosecuting Attorney's office told a defendant that an arrest warrant was outstanding, the defendant might flee.

5. 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.

6. 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. Other forms are used state-wide. You may be able to get a copy of a court form you need by contacting the court clerk.

If you are not sure which forms you need, a book of court forms may be available in the library nearest you. After you know which court forms you need, you can make copies or write down the form numbers and contact commercial forms printer for copies. Forms developed by the State Court Administrative Office (SCAO) should be photocopied, because most are not available from a printer.

Most of the SCAO Approved forms are also available as a PDF (portable document format) and can be filled in online and then printed.

Remember: Court forms are only tools to assist in 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.

7. How do I get a copy of a police report?

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 attorney.

If you are a defendant and do not have an attorney -- or are just an interested citizen -- you can obtain a copy of a police report after the case as been completed from the police agency under the Freedom of Information Act.

If you are a defendant of a misdemeanor and do not have an attorney, you may bring your driver's license or state identification card and fill out a form to receive a copy of your police report. Please be aware that it will be your responsibility to give a copy to your attorney shall you decide to retain or request a court-appointed attorney after receiving your police report.

Victim requests for police reports are handled on a case-by-case basis. The Prosecuting Attorney assigned to the case has the ultimate decision on whether it will be provided.

8. How do I get a copy of a person's criminal record?

Many Prosecuting Attorney offices have direct access to computer networks with information about peoples criminal histories. However, the privilege to access that information is limited. One limitation is that we can only search for criminal histories when they are directly related to a law-enforcement need, such as an on-going criminal prosecution. Another is that we cannot give the public copes of criminal history information we uncover because doing so would violate LEIN rules.

However, the Michigan State Police operates the Internet Criminal History Access Tool (ICHAT), from which anyone can search the official MSP criminal history record database for $10 per search, using MasterCard or Visa. (Non-profit, charitable organizations may qualify for free ICHAT searches if criminal history checks are needed on people who work with children or the frail elderly.) For each search, you need the person's full name, sex, race, and date of birth.

ICHAT's criminal history database covers only Michigan convictions, and is updated daily with felony and misdemeanor conviction information provided by law enforcement, prosecuting attorneys and courts throughout the State. Your search includes arrests where a person has been convicted in a court, and where the conviction has been added to that person's criminal history record. It does not include arrests without conviction, outstanding warrants, federal arrests or arrests from other states.

A search for a criminal record from another state requires you to correspond directly with the criminal record repository of that state.

9. How can I get help if a defendant is not paying court-ordered restitution?

If the defendant is still on probation you will need to contact the probation department for District Court at 989-831-7434, Circuit Court at 989-831-7353, or Juvenile Court at 989-831-7308 - and ask for the probation officer who is assigned to the case. The probation officer can help you get your money if restitution was a condition of the defendant's probation and if the defendant is still on probation.

If the defendant is no longer on probation and your restitution has not been paid in full, see a private lawyer. A criminal case restitution order is a court order that expires only when the restitution has been paid in full. If the court-ordered restitution covers all of your claims, then you do not have to separately sue the defendant. You can enforce the criminal's case's restitution order like any civil judgment. The Clerk's Office for the court that the defendant was sentenced in may be able to help you or may already be attempting to enforce that order. Call District Court at 989-831-7450, Circuit Court at 989-831-3520, and Juvenile Court at 989-831-7308.

10. I was a victim of a violent crime. How can the Prosecuting Attorney help me with my medical bills, lost wages, pain and suffering, etc?

You will receive a Victim's Rights packet once charges are authorized. Please fill them out so that our office can keep you aware of all court dates and help you apply for help from the Michigan Crime Victim's Compensation Fund for any unreimbursed medical expenses or loss of income. With regard to compensation for pain and suffering, you may need to contact a private attorney.

11. Can the Prosecuting Attorney help me if I have been cheated by a contractor, shopkeeper or other person who provides labor or services?

The Michigan Attorney General Consumer Protection Division - toll-free at 877-765-8388, or locally at 517-373-1140 - may be able to help. They may also be able to refer you to an agency that can help you.

12. 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 on 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 for 1/2 day or $12 for a full day), plus mileage ($0.10 per mile, round trip). If you have a date conflict you should contact our office to speak to one of the Victim/Witness Advocates 989-831-7326 immediately to discuss your conflict.

13. Can I talk to Andrea Krause? I think she's the person who is working on my case since her name appears on my court documents.

Andrea Krause is the elected Montcalm County Prosecuting Attorney, so her name appears on most criminal court documents and our office correspondence. However, she may not be personally handling the case in court. Please call our office to talk with the Prosecutor handling your case, or to arrange a meeting. If you still have questions or concerns, you may request an appointment with Andrea Krause.

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

The Prosecutor cannot help you get a court-appointed attorney. You must fill out an application for an attorney at the Public Defense Office (generally after your arraignment). The Public Defense Administrator will decide whether you are "indigent" (i.e., cannot afford to hire a lawyer) based on your income, assets and financial obligations, as well as the seriousness of the charge. 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. You may contact Montcalm County Pubic Defense Office at:
Phone: 989-831-3500
619 N State Street
Stanton, MI 48888

15. I am a defendant and do not like the attorney who is representing me. Can I talk to a Prosecuting Attorney about my case?

No. All attorneys are governed by the State Bar of Michigan's Rules of Professional Conduct, which prevent them from speaking directly to anyone who is already represented by an attorney on the same matter. As long as you are represented by an attorney, we may speak only to your attorney. Any questions that you have about your case should be answered by your attorney. If you continued to be dissatisfied with your court-appointed attorney you will have to contact the judge assigned to your case.

16. 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 Montcalm 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 defendant's speedy trial rights, the seriousness of the cases, the strengths or weaknesses of cases, the victim's wishes, public safety, punishment, rehabilitation, and deterrence are all interests that are considered by the Prosecutor when deciding how to proceed. A plea agreement is always designed to balance these competing interests. Most cases are resolved in a relatively short time by the defendant's please - many times a plea to the charged offense.

17. I want a divorce and need help getting child support. Can the Prosecutor's office help me?

The Prosecutor's office cannot provide legal advice or take legal action in your divorce. You should consult with a private lawyer. We can help you obtain a child support order, but the Friend of the Court is responsible for enforcing the order. For more information, see our Family Support Division page, or contact Jamie VanSyckle, Family Support Specialist at 989-831-7366.

18. What if I have a question which is not answered in your FAQs?

Call or visit our office. Please be aware that our office cannot give legal advice on private legal issues.

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Trial Schedule / Juror Information

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1. How was I selected for jury duty?

The names of potential jurors are provided to the Jury Board by the Secretary of State through a random selection of Montcalm County residents with a driver's license or Michigan ID. You were sent a questionnaire by the Jury Board and determined by the Board to be a qualified juror. The Jury Board then assigns potential jurors to a jury panel for one of the three courts. If you have received a letter from this Court, you have been chosen to serve on the Probate Court Jury Panel which includes the Family/Juvenile Division.

2. How long do I have to serve as a juror?

Jury terms last three months and are scheduled as follows:

• 1st Quarter First Friday in December through First Friday in March
• 2nd Quarter First Friday in March through First Friday in June
• 3rd Quarter First Friday in June through First Friday in September
• 4th Quarter First Friday in September through First Friday in December

3. When do I have to appear for jury duty?

The Court will send you a letter as trials are scheduled during your term. We attempt to give you as much notice as possible of upcoming trials, however, due to requirements of the law, some trials could be scheduled with minimal notice.

Many of our trials are scheduled but then are settled or adjourned, sometimes as late as the afternoon prior to trial. Therefore, the Probate Court uses a call-in system at 989-831-7356 for jurors to confirm whether their appearance is required.

Your letter will include the dates that your jury term falls within but your attendance at jury duty will only be required on the dates that trials are actually scheduled and when those trials proceed. Be sure to use the call-in system to confirm the necessity of attendance.

Please also note that while most trials are scheduled for one day it is possible that the trial could continue additional day(s).

Your presence at these proceedings is mandatory in accordance with State law. Should you fail to appear, you may be cited to appear before the Judge to explain your absence.

4. Where do I have to appear?

Roll call on the date of the trial is at 8:45 am unless otherwise stated on the juror's message. You will need to appear at the Montcalm County Probate Courtroom -Montcalm County Court Complex 625 N State Street (M-66) in Stanton next to the Sheriff's Department and Jail. You may go directly into the Courtroom. It is not necessary to check-in for jury duty.

5. How do I use the Call-In System?

Please call 989-831-7356 after 5 pm the day prior to the scheduled trials to confirm whether the trials are still scheduled. In order to guarantee that you are receiving the most current information, we ask that the phone call not be made until after 5 pm You will hear a recorded message as to whether you will need to appear the next day.

6. How do I get excused from jury duty?

Jury duty is oftentimes a hardship or intrusion on our lives but is a necessary and required duty for our justice system to fully function. Every effort should be made to comply with an appearance on the dates scheduled. If there are extraordinary circumstances that warrant a request to be excused from a trial date such requests must be received in writing (prior to the scheduled trial) and will be presented to the Judge for consideration.

If you are excused from jury duty, you will receive a confirmation in writing from this office. If you do not have written confirmation that you are excused, you must appear as scheduled. Any requests to be excused due to medical issues will need to be accompanied by documentation from your physician.

The Court receives many requests from employers or jurors asking that key employees be excused from jury duty because that employee's duties would be difficult, if not impossible, to delegate to others. If the Court were to grant all such requests the ability to conduct jury trials would be significantly compromised. The Court recognizes your concern and does appreciate that jury duty does create some hardships for area businesses and individuals however, requests to be excused from jury duty for these reasons are not granted.

If a request to be excused is granted by the Court, many times you will be required to serve a make-up date during the next three-month term.

Again, requests to be excused must be in writing. You may send the request by mail, email or fax:

• 625 N State Street
  Stanton, MI 48888
• Email
• Fax: 989-831-7548.