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Your Crime Victim Rights
As a victim of crime, Minnesota law provides you with specific rights. These rights apply in all criminal cases. Minnesota has a comprehensive Victim Rights Act located in the Minnesota Statues, Chapter 611 A.
Right to be notified of:
• Crime victim rights.
• Prosecution process & the right to participate in it.
• Contents of any plea agreement.
• Changes in court proceeding schedule when a victim has been subpoenaed or requested to testify.
• Final disposition of the case.
• Appeals filed by the defendant, the right to attend the oral argument or hearing, & the right to be notified of the final disposition.
• Proposed sentence modifications for the offender, including the date, time & location of the review & the right to provide input.
• Offender’s petition for expungement.
• Right to request restitution.
• Right to apply for Minnesota Board of Reparations.
• Information of the nearest crime victim assistance program or resource.
• Petition to civilly commit an offender, outcome of that petition, & notice of the offender’s possible discharge/release from civil commitment.
Right to Protection from Harm:
• Right to secure waiting area during court proceedings.
• Right to request that home & employment address, telephone number, & birth date be withheld in open court.
• Right to request that law enforcement agency withhold identity from the public.
• Protection against Employer retaliation for victims & witnesses called to testify & for victims of violent crimes & their family members who take responsible time off to attend court proceedings.
• Tampering with a witness is a crime & should be reported.
Right to Participate in Prosecution:
• Right to request a speedy trial.
• Right to provide input in a pretrial diversion decision.
• Right to object orally or in writing to a plea agreement at the plea presentation hearing.
• Right to object orally or in writing to a proposed disposition of sentence.
• Right to inform court of impact of crime orally or in writing at the sentencing hearing of social & economic impact of crime on persons & businesses in the community.
• Right to be present at the sentencing & plea presentation hearings.
• Right to submit statement regarding decision to discharge/release offender from civil commitment.
Right to Apply for Financial Assistance:
• Victims of violent crime may apply for financial assistance (reparations) from the state if they have suffered economic loss as a result of crime.
• Victims may request the court to order the defendant to pay restitution if the defendant is found guilty or plead guilty.
• Victims may request that a probation violation hearing be scheduled 60 days prior to the expiration of probation if restitution has not been paid.
Domestic Violence, Sexual Assault, & Harassment Victims:
• Right to be informed of the prosecutor’s decision to decline prosecution or dismiss the case along with information about seeking a protective or harassment order at no fee.
• Protection against employer retaliation for victims to take reasonable time off to attend order for protection or harassment restraining order proceedings.
• Domestic abuse victims have ability to terminate lease without penalty or payment.
• Sexual assault victims can make confidential request for HIV testing of offender.
• Sexual assault victims do not have to pay the cost of a sexual assault examination.
• Sexual assault victims may not be required to undergo a polygraph examination in order for an investigation or prosecution to proceed.
If you feel that your rights were violated, you can obtain a complaint form from Victim/Witness Program or contact Crime Victims Justice Unit at 800-247-0390 or cvju.ojp@state.mn.us.
Contact Us
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Victim/Witness Coordinator
Marcy Miller
Email
Wadena County Attorney's Office
415 Jefferson Street S Ste. B
Wadena, MN 56482Office Phone: 218-631-7739
Direct Line: 218-631-7642Hours
Monday - Friday
8 a.m. - 4:30 p.m.Closed Holidays and Weekends