A Victim’s Advocate will Passionately Protect Your Rights.
Many crime victims are not given the respect they deserve by prosecutors, and their opinions and thoughts are not heard. We can help give you a voice that will not be ignored.
A Crime Victim Should Not Be Victimized Twice
Crime victims often feel like they are being re-abused by the very system supposed to protect them and get them justice. Sometimes, a victim may feel overwhelmed and entirely ignored by police, prosecutors, and the courts. It may seem like the criminal defendant has more protections and rights than the victim. This is when the crime victim needs the help of a victim’s advocate.
The law office of LEWIS & DICKSTEIN, P.L.L.C. has represented crime victims and advocated to protect their rights in misdemeanor and felony cases for years. It is essential that a victim does not get lost in the shuffle or slip through the cracks. Our attorneys feel strongly that everyone should be allowed to be heard, and the fact that a prosecutor is overly busy is not an excuse to victimize a victim yet again.
What is a Victim’s Advocate?
A victim’s advocate is familiar with the criminal justice system and navigates it for the victim’s benefit. If you are a victim of domestic violence, you may be “assigned” to an advocate with social work training (not necessarily an actual social worker) for help. This person, although well-meaning, is limited in how much support they can give. Having an attorney serve as a victim’s advocate has many advantages. These advantages can include the following:
- helping a witness prepare the testify in court
- speak on behalf of the victim at court hearings (including sentencing)
- intercede with the prosecutor’s office and police to make sure the victim’s wishes are being adequately communicated
- assisting with calculating and collecting restitution
- make sure that the prosecutor is listening to the victim
- make sure that the victim is protected from the defendant
- make sure that the victim gets access to all available services
Prosecutors and police officers are extremely busy and do not always have the time to give to a particular case that it deserves. If you feel you are not being given the respect you deserve, having a victim’s advocate working for you will help keep you from being further victimized by the system that is supposed to help and bring you justice. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. take great pride in helping people who have been crime victims pick up the pieces and move on with their lives, having been given all the protection and respect that they deserve.
Seeing Dismissal of Charges
Was there a situation where maybe the police were called and should not have been? Was there a false police report filed? Did a falsity get told to law enforcement to get the other person out of the home or in trouble somehow? Have you decided that you do not want to testify against the defendant and that the prosecutor is putting undue pressure on you? These are all incidents where an attorney serving as a victim’s advocate is in your best interest. Sometimes, in the heat of an argument, someone might call the police and make an exaggerated and not entirely truthful report. If you admit to filing a false police report, there is a possibility that you could be charged with a crime. You need immediate help from a Victim’s Advocate Attorney who can protect you and your rights.
Our firm has been hired to represent many victims who find out that police officers twisted their words to make a situation seem much worse. Police officers will not admit they took creative license with a victim’s statement or that they might have misinterpreted information provided to them. In these situations, the prosecutor will threaten the victim with allegations of perjury if they testify to statements different from those in the police report. A victim in this situation will feel pressured to testify untruthfully or face prosecution.
If you are facing the possibility of being charged with having committed a crime, such as filing a false police report, you need the assistance of a Victim’s Advocate Attorney; you are in the right place. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. will take every action necessary to protect you.
A Victim Has Legal Rights
Michigan does have a Crime Victim’s Rights Act. This law is only as good as the people who work to enforce it. After a person is arrested and charges are brought, the victim becomes a witness in the case, not a plaintiff or party to the criminal charges. Many prosecutors will make decisions without consulting the victim. An attorney victim’s advocate will aggressively advocate for the victim and ensure their position is considered. If the prosecutor is not listening, the attorney advocate will move up the chain until the victim’s voice is heard loud and clear.
Assault and Domestic Violence Cases
Domestic violence and assault cases are the most common matters where a victim’s advocate is needed. When someone experiences the trauma of domestic violence or assault, it can be challenging to know what to do or who to trust. A Victim’s Advocate can help a victim find desperately needed resources and ensure that the prosecutor does not make backroom deals with a defense lawyer seeking an easy resolution to criminal charges. Furthermore, a Victim’s Advocate can assist their client in seeking appropriate punishment or treatment for the defendant.
Often, a police officer is called, hoping that they will calm down the situation and not arrest anyone. Most people do not realize that once the police are called, it is out of their hands, and they may be powerless later to “drop” charges. Police officers feel that they have to arrest someone. After that, the legal process begins. This is unfortunate when the only thing needed was assistance handling an out-of-control situation, and criminal charges only serve to damage a family. For example, a one-time loss of temper should not result in losing a family’s income or the exorbitant cost of complying with a “no contact” order. The legal process does not consider that a family is often traumatized by an arrest and prosecution. It can serve to break up families and cause financial hardships. The all-or-nothing approach is outdated, lacks compassion, and is sometimes insensitive to the victim’s needs. A crime victim needs to be consulted about the desired result because that person knows the dynamics of their own family best.
Many complainants or “victims” believe the charges will be dropped if they don’t appear in court. This is a popular misconception. If the complainant fails to show up for a hearing, the prosecutor can request an adjournment or a Material Witness Warrant. Once there is a warrant, the police can arrest and incarcerate the victim until they agree to testify.
Fees and Charges of a Private Victim’s Advocate
Prosecutors often provide a victim’s advocate free of charge; in many cases, the individual provided is sufficient. In those cases where a victim feels that a private lawyer would be in the best position to advocate for them, the attorneys with LEWIS & DICKSTEIN, P.L.L.C. are available to help you and advocate for you. Our firm does charge a reasonable fee for our services. We can charge on a flat fee or an hourly basis (with a flat fee retainer). We will do everything possible to set a fair fee for you. If you hire an attorney to help you, you want to hire a firm that will work hard on your behalf. You can count on the law firm of LEWIS & DICKSTEIN, P.L.L.C. to look out for your interests and protect you.
We Can Help You By Serving as Your Victim’s Advocate
Are you a crime victim or listed as a complaining witness in a criminal case, and your input is not being heard or considered? Are you being neglected or ignored by the police and the prosecutor? Are the police refusing to charge someone who has committed a crime against you? Then, you need to call the victim’s rights attorneys with LEWIS & DICKSTEIN, P.L.L.C. for a free consultation. We will take the time to talk with you, answer your questions, and address your concerns. Our attorneys and staff will treat you with respect and compassion.
We take all necessary action to help crime victims and ensure their concerns are heard and not overlooked by the criminal justice system.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.