How to File a Complaint for Vandalism Under Michigan Law

Michigan law defines vandalism as willful and malicious destruction of property. It doesn't matter if the property is public or private, or if the acts totally destroyed or only disfigured or damaged the property. It is all vandalism, but categorized as a misdemeanor or a felony depending on the dollar amount of damage caused. Anyone who witnesses an act of vandalism may report that act, but filing a complaint is a different matter. By Michigan law, the final complaint that is heard by the court can only come from the injured party, which is held to be the whole state, or "the People." Private persons may file a criminal complaint form with the court describing what they believe to be criminal acts, but before the complaint is heard it must be approved by a prosecutor. You may, however, file civil charges against vandals with your own name as the plaintiff.

Things You'll Need

  • Lawyer (optional but recommended)
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Instructions

    • 1

      Report the crime. Call the local police and allow them to interview you to get sufficient information to fill out the crime report. If you are a witness, tell the police you are willing to testify in court.

    • 2

      Appear in criminal court as a witness or observer. Even though you cannot be the plaintiff in a criminal case, the criminal case will establish the basis for a civil lawsuit. You may decide not to sue if the criminal proceedings satisfy you.

    • 3

      Get the names and addresses of the parents or guardians of a minor if the minor committed the offense. In Michigan, the age at which an unemancipated minor can be charged as an adult is 18 years old. If any unemancipated minor engages in vandalism, the parents or guardians of that minor can be ordered before the court under a section of Michigan law that provides for something called "parental liability." If the charge is proven against the minor, the parents or guardians can be ordered to pay a fine not to exceed $2,500 for their child's offense.

    • 4

      File the complaint as a civil suit. File a Summons and Complaint Form with either the district court (for damages of less than $25,000) or the circuit court (for damages of greater than $25,000). The defendant is served with the complaint, whereupon she has 21 days to answer it. Stay in touch with your lawyer. What follows is a period of discovery and a trial to determine the validity of the complaint and any restitution.

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