sample prosecution letters

8/18/2019 Sample Prosecution Letters

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SAMPLE PROSECUTION LETTERS TO VICTIMS

Prosecutors are statutorily required to provide notification to victims throughout the course of thecriminal prosecution. This document provides a list of notification requirements, tips, and sampleletters for prosecutors to use in creating and/or updating their victim notification letters.

Sample letters and forms to victims:

Notice of decision to decline prosecution – Domestic violence, sexual assault, or harassment case.........................4

Notice of prosecution – ample !............................................................................................................................... "

Notice of prosecution – ample #............................................................................................................................... $

Notice of prosecution – ample % &homicide/criminal vehicular homicide'................................................................. (

Notice of prosecution – ample 4 &post initial appearance'........................................................................................)

Notice of prosecution – ample " &post initial appearance'........................................................................................*

Notice of hearing – ample !..................................................................................................................................... !+

Notice of hearing – ample # &misdemeanors'...........................................................................................................!!

Notice of plea offer...................................................................................................................................................... !#

Notice of sentencing hearing – ample !.................................................................................................................. .!%

Notice of sentencing hearing – ample #.................................................................................................................. .!4

Notice of disposition – ample !.................................................................................................................................!"

Notice of disposition – ample # &prison'................................................................................................................... !$

Notice of decision to dismiss charge against person accused of domestic assault, harassment,

or criminal sexual conduct....................................................................................................................................... !(

Notice to employer of victim – prohiition on employer retaliation..............................................................................!)

Notice of filing an appeal............................................................................................................................................ !*

Notice of outcome of an appeal.................................................................................................................................. #+

Notice of victim rights..................................................................................................................................................#!

-ictim impact form...................................................................................................................................................... ##

ffidavit of estitution – ample ! &court form'...........................................................................................................#4

ffidavit of estitution – ample # ............................................................................................................................. #"

Post conviction notice to victim – ample !................................................................................................................#(

Post conviction notice to victim – ample #................................................................................................................#)

Notice of expungement............................................................................................................................................... #*

If you have any suggestions for modifications or additions, please contact the Crime Victim Justice Unit, Office of JusticePrograms, Minnesota Department of Public afety, !""#$%"'(", )*+#$"+#&'+"

0ffice of 1ustice Programs, 2innesota Department of Pulic afety 3pdated Novemer #+!"


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Prosection Notification Letters

PROSECUTION LETTERS TO VICTIMS!idelines and Stattor" At#orit"

NOTI$ICATION RE%UIREMENTMinnesota Statt

section

NOTICE O$ PROSECUTION

-ictims have a right, if an offender is charged, to e informed of, and participate in, theprosecution process.

$!!.+#, sud. #&'

SUPPLEMENTAL NOTICE O$ RI!&TS

Prosecutors must distriute a supplemental notice of the rights of crime victims to eachvictim, ithin a reasonale time after the offender is charged or petitioned. This notice mustinform the victim of all statutory victim rights under chapter $!!.

$!!.+#, sud. #&c'

NOTI$ICATION O$ PLEA A!REEMENTS

prosecutor must ma5e a reasonale and good faith effort to notify a victim of the contentsof a plea agreement prior to the entry of a plea pursuant to a plea agreementrecommendation.

$!!.+%, sud. !

SENTENCIN!

prosecutor must ma5e a reasonale and good faith effort to inform the victim of the right toe present at the sentencing hearing.

$!!.+%, sud. !

PRETRIAL 'IVERSION

prosecutor shall ma5e every reasonale effort to notify and see5 input from the victim prior to referring a person into a pretrial diversion program in lieu of prosecution &for certainspecified crimes'.

$!!.+%!

'ECISION TO NOT C&AR!E IN 'OMESTIC A(USE) SE*UAL ASSAULT AN'&ARASSMENT CASES

prosecutor must ma5e every reasonale effort to notify a victim of domestic assault, acriminal sexual conduct offense, or harassment that the prosecutor has decided to declineprosecution or to dismiss the criminal charges filed against the defendant. The prosecutormust also inform the victim of the method of see5ing an order for protection or restrainingorder and that the victim may see5 an order ithout paying a fee.

$!!.+%!"

SC&E'ULE C&AN!ES

prosecutor shall ma5e reasonale efforts to provide advance notice of any change in theschedule of the court proceedings to a victim ho has een supoenaed or requested totestify.

$!!.+%%&'

Page #


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'ISPOSITION NOTICE

prosecutor shall ma5e reasonale good faith efforts to notify each affected crime victim,either orally or in riting, ith notice of the final disposition of the case. This notice must eprovided ithin !" or5ing days after conviction, acquittal, or dismissal of a criminal case.

N0T67 8f a prosecutor contacts the crime victim in advance of the final case disposition andnotifies the victim of the victim9s right to request information on the final disposition, theprosecutor shall only e required to provide notice to those victims ho have indicated theirdesire in advance to e notified of the final case disposition. This provision only appliesto the disposition notice, not to the other notification requirements.

$!!.+%*

CIVIL COMMITMENT PROCEE'IN!S

The county attorney must ma5e a reasonale effort to provide prompt notice to the victim ofthe filing of the petition to commit the offender. 8n addition, the county attorney must ma5e areasonale effort to promptly notify the victim of the resolution of the petition to commit theoffender.

#"%:.!), sud. "a

NOTICE O$ APPEAL

prosecutor shall ma5e a reasonale and good faith effort to provide the victim of notice ofa pending appeal, either orally or in riting. This notice must e provided ithin %+ days ofthe filing of the respondent9s rief, and must contain either a copy of the rief or explanationof the contested issues, as ell as information aout the process, scheduled hearings, thevictim9s right to attend oral arguments, and contact information.

$!!.+%*", sud. !

NOTICE O$ APPEAL 'ECISION

prosecutor shall ma5e a reasonale and good faith effort to provide to each affected victimoral or ritten notice of the decision on an appeal. This notice must e made ithin !"or5ing days of the final decision on appeal and must include a rief explanation of hateffect, if any, the decision has upon the ;udgment of the trial court and contact information.

$!!.+%*", sud. !

E*PUN!EMENT

The prosecuting authority ith ;urisdiction over an offense for hich expungement is eingsought shall ma5e a good faith effort to notify a victim that the expungement is eing soughtif the victim has made a ritten request to the prosecuting authority or has included such arequest in the ritten request to the commissioner of corrections for notice of release.

$!!.+$, sud. !a<$+*.+%, sud. %

(EST PRACTICES RE!AR'IN! NOTI$ICATION

8nform the victim of the nature of the charges filed against the offender.

Provide notice of victim rights in riting, not orally. :e clear aout the appropriate person to contact in the office &victim advocate or prosecuting attorney'.

emind victim to inform office of any changes in contact information. =or court proceedings, ma5e sure the victim 5nos here to go and any chec5>in procedures.

8nform the victim of the li5elihood of changes in the court schedule. 8nform the victim that plea agreements can e made at any time and that the defendant can enter a plea

at any time. 8nform victims of the 2innesota ?rime -ictims eparations :oard.

Page %


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NOTICE O$ 'ECISION TO 'ECLINE PROSECUTION + 'OMESTIC VIOLENCE) SE*UAL ASSAULT) OR &ARASSMENT CASE

Victim -ametreet City, M- .ip

67 tate of 2innesota vs. uspect name-ame /a0 1nforcement 2gency Numer7 -umber 8ncident date7 Date

Dear Victim -ame3

@ou are the named victim in the incident that occurred on date. 0ur office has had a chance to revie theincident report in that case and has made the decision not to file any charges against uspect name. Aiven thefacts and circumstances surrounding this incident, there does not appear to e sufficient evidence to prove to a

;ury eyond a reasonale dout that uspect -ame committed the crime. 8n particular7 4Describe reasons fordecision to decline5

6ven though criminal charges ill not e filed, you may ant to consider see5ing an 0rder for Protection &0=P'or Barassment estraining 0rder &B0' against uspect -ame. @ou can get information aout this process ycontacting7

-ame ?ounty District ?ourt, telephone number

/ocal DV or se6ual assault organi7ation, telephone number

n 0=P or B0 may assist in 5eeping the offender aay from you, as ell as providing other relief. There is nocost to filing an 0=P, and, in some circumstances, you may see5 a B0 ithout paying a filing fee. 8f you havequestions or concerns aout this matter, please contact name for further assistance.

6ven though there has een a decision to decline prosecution, you may e eligile for compensation through the2innesota ?rime -ictims eparations :oard. This program provides financial assistance to victims of violentcrime for expenses related to the crime, such as medical expenses, counseling, and lost ages. =or moreinformation, call7 )))>$##>)(**.

incerely,

-ame8itle 9victim:0itness coordinator, prosecutor, or other designated person;8elephone number

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NOTICE O$ PROSECUTION + SAMPLE ,


67 tate of 2innesota vs. Defendant name-ame city:county =ile Numer7 -umber ?harges7 /ist charges

Dear Victim -ame3

@ou have een identified as a victim in the aove>named criminal case. This letter is to inform you that this officehas egun criminal prosecution in the aove case.

s a victim of a crime, you are guaranteed certain rights under chapter $!! of the 2innesota tatutes.6nclosed is a rochure outlining your rights as a crime victim.

0ne of your rights as a crime victim is the right to request restitution in the event the defendant enters a plea oris found guilty of the crime. The court may order the defendant to pay restitution to you for any monetary lossyou may have incurred as a result of the crime. 8f you ish to request this payment as part of the sentence,please complete the enclosed Affidavit of Restitution and return to location y date

8 have een assigned to this case as your advocate and 8 am here to assist you. 8 ill e or5ing ith theprosecutor, ho is the attorney assigned to handle this case. Part of my role as an advocate is to 5eep youinformed of the status of your case as ell as to assist you ith any prolems as a result of this crime. s thiscase progresses through the criminal ;ustice system, 8 ill e sending you notification of court dates. :ecauseyou are a victim in this case, it is possile that you may e supoenaed to testify at a court proceeding. 8f youreceive a supoena, please call the phone numer listed on the supoena prior to coming to court to determine if your appearance is still necessary.

8f you ish to participate in the court proceedings, it is important that this office has up>to>date contactinformation. Please contact me if you have a change in your telephone numer or mailing address. Chen callingour office, you may e as5ed to provide the city:county attorney numer listed aove to ensure that e are aleto immediately reference your case and route your call properly.

8 realie that eing a victim of a crime may carry ith it sustantial urdens. 8t is our hope to eliminate as many of these difficulties and uncertainties. Please contact our office if you have any questions or concerns.

@ours truly,

-ame

Victim 2dvocate8elephone number

Page "


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6nclosuresNOTICE O$ PROSECUTION + SAMPLE -


67 tate of 2innesota vs. Defendant name-ame City:County =ile Numer7 -umber ?harges7 /ist charges

Dear Victim -ame3

This letter is to inform you that our office has charged a case involving you as a victim.

8 am the assigned victim advocate for your case. n advocate is not an attorney, ut rather a person devoted toassisting crime victims ho or5s in the -ame City:County ttorney9s 0ffice. dvocates are availale to helpexplain the criminal ;ustice process, anser questions, try to resolve prolems that crime victims and theirfamilies may encounter, and attend court hearings ith victims hen requested to do so. -ictim advocates alsoserve as a liaison eteen the prosecutor and crime victims.


8t is common for criminal cases to e resolve through plea negotiations, in hich case there ould e no trial. 8nthe event that a plea agreement is reached ith the defendant or defendant9s attorney, e ill attempt to contactyou in advance. Therefore it is important that you notify us of any changes in your contact information.

s a crime victim, you have the right to request restitution in the event the defendant enters a plea or is foundguilty of the crime. The court may order the defendant to pay restitution to you for any monetary loss you may

have incurred as a result of the crime. 8f you ish to request this payment as part of the sentence, pleasecomplete the enclosed Affidavit of Restitution and return to this office y date

4If victim of violent crime, add35 8n addition, as a victim of a violent crime, you may e eligile for compensationunder the 2innesota ?rime -ictims eparations :oard. This program provides financial assistance to victims ofviolent crime for expenses related to the crime, such as medical expenses, counseling, and lost ages.6nclosed is a rochure descriing this program.

@ou have a right to attend the court proceedings, hoever, you are not required to do so unless you have eenordered y the court to appear. This court order is called a supoena.

Due to the numer of cases processed y the court system, delays and last>minute continuances are common.To avoid an unnecessary trip to the court, e recommend that you contact our office one or5ing day efore the

court proceeding that you plan to attend so you may e informed of any changes or continuances.

Please contact me if you have any questions or concerns aout this case.

@ours truly,

-ame,8itle 9victim:0itness coordinator, prosecutor, or other designated person;8elephone number

Page $


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6nclosures

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NOTICE O$ PROSECUTION + SAMPLE . /&OMICI'E 0CRIMINAL VE&ICULAR &OMICI'E1



Dear Victim -ame3

0n ehalf of the -ame City:County ttorney9s 0ffice, 8 ish to express our sympathy to you and your family onthe death of your family member

Ce have underta5en criminal prosecution of name for the crimes listed aove. The defendant appeared in courton date and at that time ail as set in the amount of to>date contactinformation. Please contact our office to provide us ith a current phone numer so e are ale to contact youhen hearings are scheduled. 8n addition, please notify name if you have a change in mailing address.

8f you have any questions, please contact this office.

incerely,

-ame8itle 9victim:0itness coordinator, prosecutor, or other designated person;

8elephone number

Page )


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6nclosures NOTICE O$ PROSECUTION + SAMPLE 2 /POST INITIAL APPEARANCE1


67 tate of 2innesota vs. Defendant name-ame City:County ttorney =ile Numer7 -umber ?harges7 /ist charges

Dear Victim -ame3

This letter is to inform you that our office has filed charges in a case in hich you have een identified as thevictim. =or your information, the defendant has made his:her first appearance in court on date and at that timedescribe 0hat occurred The defendant9s next court date has een scheduled for date:time at location


0ne of your rights as a crime victim is the right to request restitution in the event the defendant pleads guilty or isfound guilty of the crime. The court may order the defendant to pay restitution to you for any monetary loss youmay have incurred as a result of the crime. 8f you ish to request this payment as part of the sentence, pleasecomplete the enclosed Affidavit of Restitution and return to this office y date

4If victim of violent crime, add35 8n addition, as a victim of a violent crime, you may e eligile for compensationunder the 2innesota ?rime -ictims eparations :oard. This program provides financial assistance to victims ofviolent crime for expenses related to the crime, such as medical expenses, counseling, and lost ages.6nclosed is a rochure descriing this program.

@ou have a right to attend the court proceedings, hoever, you are not required to do so unless supoenaed orordered y the court. 8t is important to 5eep in mind that hearing dates and times change frequently. Please callthis office:the cler=>s office at phone number one or5ing day in advance of any proceeding you plan to attendso you may e informed of any last>minute changes in scheduling.

=inally, if you ish to participate in the court proceedings, it is important that this office has up>to>date contactinformation. Please contact our office to provide us ith a current phone numer and address so e are ale tocontact you hen hearings are scheduled.

incerely,


8elephone number

Page *


10/36


6nclosures NOTICE O$ PROSECUTION + SAMPLE 3 /POST INITIAL APPEARANCE1



Dear Victim -ame3

This letter is to advise you that criminal charges have een filed against the aove>named defendant. Thedefendant has made his:her first appearance in court on date and at that time describe 0hat occurred Thedefendant9s next court date has een scheduled for date:time at location

This case has een assigned to name, one of the assistant county attorneys in our office. Boever, if you havequestions or concerns related to this case, please contact our victim advocate, name he/he ill e ale toassist you as this case progresses through the prosecution process.


0ne of your rights as a crime victim is the right to request restitution in the event the defendant pleads guilty or isfound guilty of the crime. The court may order the defendant to pay restitution to you for any monetary loss youmay have incurred as a result of the crime. 8f you ish to request this payment as part of the sentence, pleasecomplete the enclosed Affidavit of Restitution and return to location y date

4If victim of violent crime, add35 8n addition, as a victim of a violent crime, you may e eligile for compensation

under the 2innesota ?rime -ictims eparations :oard. This program provides financial assistance to victims ofviolent crime for expenses related to the crime, such as medical expenses, counseling, and lost ages.6nclosed is a rochure descriing this program.

8n general, victims have a right to attend the court proceedings, hoever, they are not required to do so unlesssupoenaed or ordered y the court. 8t is important to 5eep in mind that hearing dates and times changefrequently. 8f you plan to attend a court proceeding, please call one or5ing day in advance to chec5 on any last>minute changes in scheduling.

=inally, if you ish to participate in the court proceedings, it is important that this office has up>to>date contactinformation. Please contact our office to provide us ith a current phone numer and address so e are ale tocontact you hen hearings are scheduled.

8f you have any questions, please do not hesitate to call name at telephone number

incerely,


Page !+


11/36


6nclosures NOTICE O$ &EARIN! + SAMPLE ,


67 tate of 2innesota vs. Defendant name-ame City:County ttorney =ile Numer7 -umber

Dear Victim -ame3

This letter is to inform you that a hearing name in the aove>entitled matter is scheduled for date:time atlocation s the victim in this matter, you have a right to attend this hearing, ut your presence is not requiredunless you receive a supoena, hich is a court order requiring you to attend.

8t is important to 5eep in mind that hearing dates and times change frequently. Please call our office one or5ingday in advance of any proceeding you plan to attend so you may e informed of any last>minute changes inscheduling.

8f you do plan to attend the hearing, please arrive at the courtroom at least !" minutes prior to the start of thescheduled proceeding, and chec5 in ith the prosecuting attorney on this case.

s alays, please call name at telephone number if you have any questions or concerns regarding this case.

incerely,


Page !!


12/36


NOTICE O$ &EARIN! + SAMPLE - /MIS'EMEANORS1



Dear Victim -ame3

This letter is to inform you that a hearing name in the aove>entitled matter is scheduled for date:time atlocation s the victim in this matter, you have a right to attend this hearing, ut your presence is not requiredunless you receive a supoena, hich is a court order requiring you to attend.

Bearing dates and times are su;ect to change, sometimes at the last minute. Please call our office one or5ingday in advance of any proceeding you plan to attend so you may e informed of any changes in scheduling. 8fyou do plan to attend the hearing, please arrive at the courtroom at least !" minutes prior to the start of thescheduled proceeding, and chec5>in ith the prosecuting attorney on this case.

Please 5eep in mind that most cases are resolved y a plea agreement eteen the defendant and the namecounty:city attorney>s office 8f a plea agreement is proposed, our office ill notify you aout the agreement andas5 for your input.

lthough there is no proposed plea agreement at this time, it is not unusual for an agreement to e reached onshort notice, oftentimes at a pre>trial proceeding. 8n such instances, e ill attempt to reach you y telephoneefore the defendant enters his:her plea. 8f e are unsuccessful in our attempts to reach you, hoever, the courtmay still ant the case to proceed and have the defendant enter his:her plea. Aiven this possiility, you mayant to let us 5no no aout your feelings on ho this case should e resolved. 8n any case, you are alays

free to attend any court proceeding or call our office to discuss the li5elihood of a plea agreement eing made inthe upcoming hearing. Aiven our need to reach you y telephone, please ma5e sure that you notify us of anychange in your daytime numer.

8f you have any questions or concerns regarding this case, please call name at telephone number .

incerely,


Page !#


13/36


NOTICE O$ PLEA O$$ER



Dear Victim -ame3

This letter is to advise you that the prosecutor assigned in this case is in the process of negotiating a pleaagreement ith the defendant. 6nclosed is a copy of the agreement that the prosecutor is proposing.

s a victim in this case, you have the right to e made aare of the terms and conditions of the proposed pleaagreement and to give your input. Please read the proposal carefully and if you have any questions, concerns, or questions, please contact name.

The next scheduled hearing is date:time, at hich time the defendant may enter a plea of guilty ased on thisproposed plea agreement. @ou have a right to attend the plea hearing and voice any o;ection you have to theproposed plea agreement. 8f you cannot attend the hearing, you can still as5 the prosecutor to notify the court ofany o;ections you might have to the proposed disposition of the case.

The defendant does not have to accept the proposed offer, hoever, in the event that the defendant accepts thisplea agreement, there ill not e a ;ury trial held in this case.

s alays, if you have any questions or concerns contact name

incerely,


6nclosure

Page !%


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NOTICE O$ SENTENCIN! &EARIN! + SAMPLE ,



Dear Victim -ame3

This letter is to inform you that the defendant in the aove>referenced matter pled guilty to charge9s ; on date spart of a plea agreement, the charge9s;, ere dismissed.

:ecause of the defendant9s guilty plea, there ill e no trial in this case. entencing in this matter has een setfor date:time The ;udge has ordered that a pre>sentence investigation report e prepared y department nameThe purpose of the pre>sentence investigation report is to inform the ;udge aout the crime, the defendant9scriminal and social history, and ho the crime affected you &emotionally, financially, and /or physically'. @ou ille contacted y someone from the department name prior to sentencing for input into the pre>sentenceinvestigation.

@ou have a right to provide a victim impact statement to the court, either in riting, orally, or oth. 8f you ish toprovide a victim impact statement to the court at the time of sentencing, please contact name at number @oucan also request that the prosecutor or an advocate read your victim impact statement on your ehalf.

8f you ish to ma5e a request for restitution and have not done so, please complete the enclosed Affidavit ofRestitution and return to name as soon as possile. 8n order to e considered at the sentencing hearing, allinformation regarding restitution must e received y the court administrator at least three usiness days efore

the sentencing hearing.

@ou ill also receive a letter informing you of the defendant9s sentence at a later date.

Please contact our office if you have any questions or concerns.

incerely,


6nclosure

Page !4


15/36


NOTICE O$ SENTENCIN! &EARIN! + SAMPLE -



Dear Victim -ame3

This letter is to inform you that the defendant in this case appeared on date, pleaded guilty to charge9s;, and theother charge9s; ere dismissed. The defendant is scheduled to appear for sentencing at the -ame ?ountyDistrict ?ourt on date:time

s the victim of the crime, you have the right to e present at the sentencing hearing. @ou also have the right tosumit a victim impact statement, either orally or in riting, and the right to o;ect to the plea agreement that haseen reached in this matter.

8f you ould li5e to sumit a victim impact statement at the sentencing hearing, please contact name:me as soonas possile. he:he:I can discuss the process ith you and ma5e arrangements to meet you prior to the start ofthe hearing.

8f you have continuing concerns or questions, please do not hesitate to contact our office.

incerely,

-ame

8itle 9victim:0itness coordinator, prosecutor, or other designated person;8elephone number

6nclosure

Page !"


16/36


NOTICE O$ 'ISPOSITION + SAMPLE ,



Dear Victim -ame3

This letter is to inform you of the outcome in the aove>named case in hich you are the victim. The defendantappeared on date, and, pursuant to a plea agreement, pleaded guilty to charge9s;, and the other charge9s; eredismissed. The ;udge sentenced the defendant to the folloing7 9describe sentence in detail;

1ail time Eength of proation, and hich agency supervising ?onditions of proation, stay of ad;udication, or stay of imposition

No contact provision ?ounseling, treatment, or other conditions 6ligiility for or5 release or sentencing to service estitution

s a victim of the crime, you have the right to e notified prior to the offender9s release from detention facility . 8fyou ish to e notified, you can register to receive automated notification regarding the offender9s releasethrough the -ictim 8nformation Notification 6veryday &-8N6' system. To register, please call )((>$$4>)4$% or goto .vinelin5.com.


incerely,


Page !$


17/36


NOTICE O$ 'ISPOSITION + SAMPLE - /PRISON 1


67 tate of 2innesota vs. Defendant name

-ame City:County ttorney =ile Numer7 -umber ?harges7 /ist charges

Dear Victim -ame3

This letter is to inform you of the outcome in the aove>named case in hich you are the victim. The defendantappeared on date, pleaded guilty to charge9s;, and the other charge9s; ere dismissed. The ;udge sentenced thedefendant to the folloing7 9describe sentence in detail;

Eength of incarceration

Eength of proation/supervision and agency responsile for supervision No contact provision ?ounseling, treatment, or other conditions estitution

The defendant has een remanded to the custody of the 2innesota Department of ?orrections &D0?'. Be illfirst go to the 2innesota ?orrectional =acility at -ame for processing and then ill li5ely e transferred toanother facility ithin number ee5s. 8n general, you can find the location of the defendant, as ell as otherinformation, y going to the Foffender locatorG page on the D0? Ce site7 .doc.state.mn.us. The Fcrimevictim resourceG page on the same Ce site provides additional information and resources for victims and others

affected y a crime that resulted in the offender eing sentenced to the D0?.

s a victim of the crime, you have the right to e notified hen the offender is released from the correctionalfacility. 8f you ish to e notified prior to the offender9s release, you must ma5e a request to the D0?, either yregistering online ith the 2innesota ?B08?6 service &.minnesotachoice.com', or y contacting the D0?-ictim ssistance Program at )((>$$4>)4$% It is important to remember that release notification to crime victimsis not automatic?you must ta=e steps to ensure that your re@uest for notification is given to the proper agency


incerely,


6nclosure

Page !(


18/36


NOTICE O$ 'ECISION TO 'ISMISS C&AR!E A!AINST PERSON ACCUSE' O$ 'OMESTIC ASSAULT)&ARASSMENT) OR CRIMINAL SE*UAL CON'UCT4



Dear Victim -ame3

@ou are the named victim in the incident that occurred on date. 0ur office has decided to dismiss the chargesagainst uspect name. Aiven the facts and circumstances surrounding this incident, there does not appear to esufficient evidence to prove to a ;ury eyond a reasonale dout that uspect -ame committed the crime. 8nparticular7 4Describe reasons for decision to dismiss charges5

6ven though criminal charges have een dismissed, you may ant to consider see5ing an 0rder for Protection&0=P' or Barassment estraining 0rder &B0' against uspect -ame. @ou can get information aout thisprocess y contacting7

-ame County District Court, telephone number

/ocal DV or se6ual assault organi7ation, telephone number

n 0=P or a B0 may assist in 5eeping the offender aay from you, as ell as providing other relief. There isno cost to f iling an 0=P, and, in some circumstances, you may see5 a B0 ithout paying a filing fee.

8f you have questions or concerns aout this matter, please contact name for further assistance.

incerely,


Page !)


19/36


NOTICE TO EMPLO5ER O$ VICTIM + PRO&I(ITION ON EMPLO5ER RETALIATION

1mployer -ametreet City, M- .ip


Dear 1mployer -ame3

There is currently a criminal case eing prosecuted y the -ame City:County ttorney in hich Victim -ame isthe named victim.

During the course of the criminal proceeding, the victim may ish or e required to attend certain courtproceedings. 3nder 2innesota la, crime victims have the right to ta5e a reasonale amount of time off fromtheir or5 to attend certain court proceedings ithout negative employment consequences. pecifically, thereare three main provision that provide protections to employees ho are crime victims7

• 6mployers may not retaliate against victims and itnesses ho ta5e time off from or5 to anser asupoena or anser the request of a prosecutor. 2inn. tat. H $!!.+%$, suds. ! and %.

• 6mployers cannot retaliate against a victim of a violent crime, as ell as the victim9s spouse or next of5in, ho ta5es reasonale time off from or5 to attend proceedings involving the prosecution of thecrime. -ictims and their family memers do not have to e supoenaed or as5ed to attend y theprosecutor for this section to apply. 2inn. tat. H $!!.+%$, sud. #.

• 6mployers are prohiited from retaliating against an employee ho ta5es reasonale time off fromor5 to otain an order for protection or harassment restraining order. 2inn. tat. H "!):.+!, sud. #%<$+*.(4), sud. !+.

The acts that are prohiited include7 discharge, discipline, threaten, or otherise discriminate against or penalie

an employee regarding the employee9s compensation, terms, conditions, location, or privileges of employmentecause the employee too5 reasonale time off from or5 to attend the court proceeding. 2inn. tat. HH$!!.+%$, sud. %< "!):.+!, sud. #%&a'.

6mployees must communicate their request for reasonale time off to their employer. The employee must give4) hours9 advance notice, except in cases of imminent danger. The employer may as5 for verification, ut anyinformation related to the leave must e 5ept confidential. 2inn. tat. HH $!!.+%$, sud. 4< "!):.+!, sud.#%&a'.

There are consequences to the employer for violating these provisions. 8n particular, an employer ho violatesthese provisions is guilty of a misdemeanor and may e punished for contempt of court. The court has theauthority to order the employer pay ac5 ages and offer reinstatement. 8n addition, the employee may have acivil cause of action against the employer for violating these provisions. prevailing plaintiff may see5 damages

and costs, as ell as other in;unctive relief. 2inn. tat. HH $!!.+%$, sud. "< "!):.+!, sud. #%&'.

ttached are copies of the relevant sections of the 2innesota tatutes related to this matter. 8f you have anyquestions aout this, please feel free to call.

incerely,


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8elephone number NOTICE O$ $ILIN! AN APPEAL



Dear Victim -ame3

This letter is to inform you that an appeal has een filed in the aove>entitled matter y thedefendant:prosecutor

The matter has een appealed ased upon 4discuss contested issues5 6nclosed is a copy of the riefssumitted y the -ame City:County ttorney9s 0ffice and y the defendant. 8f you have questions aout theseissues or the process, please call name at number

0nce an appeal has een filed, it may ta5e several months for the matter to e resolved. 8n some cases, theprocess includes the presentation of oral arguments y the attorneys directly to the Minnesota upremeCourt:Minnesota Court of 2ppeals. Not all cases have oral arguments, ut if an oral argument hearing isscheduled, you ill e notified of the time and place. I0r7 0ral arguments have een scheduled for date:time atlocationJ s the victim in this matter, you have a right to attend this hearing, ut your presence is not required. 8fyou ish to attend oral arguments, please contact name at number for further information and directions.

0nce the appeal has een decided y the Minnesota upreme Court:Minnesota Court of 2ppeals, you ill enotified of the outcome.

incerely,


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NOTICE O$ OUTCOME O$ AN APPEAL



Dear Victim -ame3

This letter is to inform you that the appeal that had een filed in the aove>entitled matter y thedefendant:prosecutor has concluded.

8n a decision released on date, the Minnesota upreme Court:Minnesota Court of 2ppeals decided that Idiscussdetails of court9s decisionJ. copy of that decision is enclosed.

8f you have questions aout the outcome of this appeal, please call name at number

incerely,


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NOTICE O$ VICTIM RI!&TS

VICTIM RI!&TS: 2innesota tatutes ?hapter $!!

Ri6#t to 7e Notified of

?rime victim rights.

Prosecution process and the right toparticipate in it.

?ontents of any plea agreement.

?hanges in court proceeding schedulehen a victim has een supoenaed orrequested to testify.

=inal disposition of the case.

ppeals filed y the defendant, the right toattend the oral argument or hearing, and theright to e notified of the final disposition.

Proposed sentence modifications for the

offender, including the date, time, and location ofthe revie and the right to provide input.

elease or escape of the offender from

prison or custodial institution or transfer to aloer security facility.

0ffenderKs petition for expungement.

ight to request restitution.

ight to apply for reparations.

8nformation on the nearest crime victimassistance program or resource.

Petition to civilly commit an offender,

outcome of that petition, and notice of offender9spossile discharge/release from civilcommitment.

Ri6#t to Protection from &arm

ight to a secure aiting area during courtproceedings.

ight to request that home and employmentaddress, telephone numer, and irth date eithheld in open court.

ight to request that la enforcement

agency ithhold identity from the pulic. Protection against employer retaliation for

victims and itnesses called to testify and forvictims of violent crimes and their familymemers ho ta5e reasonale time off to attendcourt proceedings.

Tampering ith a itness is a crime andshould e reported.

Ri6#t to Participate in Prosection

ight to request a speedy trial.

ight to provide input in a pretrial diversiondecision.

ight to o;ect orally or in riting to a pleaagreement at the plea presentation hearing.

ight to o;ect orally or in riting to aproposed disposition or sentence.

ight to inform court of impact of crimeorally or in riting at the sentencing hearing.

ight to inform court at the sentencing

hearing of social and economic impact of crimeon persons and usinesses in the community.

ight to e present at the sentencing andplea presentation hearings.

ight to sumit statement regarding

decision to discharge/release offender from civilcommitment.

Ri6#t to Appl" for $inancial Assistance

-ictims of violent crime may apply forfinancial assistance &reparations' from the stateif they have suffered economic loss as a result of the crime.

-ictims may request the court to order thedefendant to pay restitution if the defendant isfound guilty or pleads guilty.

-ictims may request that a proationviolation hearing e scheduled $+ days prior tothe expiration of proation if restitution has noteen paid.

'omestic Violence) Se8al Assalt) and&arassment Victims

ight to e informed of prosecutor9s decision todecline prosecution or dismiss case along ith

information aout see5ing a protective orharassment order at no fee.

Protection against employer retaliation forvictims to ta5e reasonale time off to attendorder for protection or harassment restrainingorder proceedings.

Domestic ause victims have aility to terminatelease ithout penalty or payment.

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exual assault victims can ma5e confidentialrequest for B8- testing of offender.

exual assault victims do not have to pay thecost of a sexual assault examination.

exual assault victims may not e required toundergo a polygraph examination in order for aninvestigation or prosecution to proceed.

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This list contains all the crime victim rights required for the supplemental notice requirement under Minnesota

Statutes section 611A.0, su!d 4 -/c14VICTIM IMPACT $ORM

VICTIM IMPACT

VICTIM IN$ORMATION

Please complete this form and return to the -ame Office to provide information aout the impact thiscrime has had on you and to indicate to hat extent you ould li5e to participate in the criminalprosecution of the defendant.

Name7 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

ddress7 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

Bome phone7 LLLLLLLLLLLLLLLLLLLLLLL ?ell phone7 LLLLLLLLLLLLLLLLLLLLLLLLLLL

Cor5 phone7 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

Ahich number is the best one to reach you during the dayB Bome phone ?ell phone Cor5 phone ny

'ESIRE' OUTCOME O$ T&E CRIMINAL CASE

lthough it is the responsiility of the court to impose the final sentence, your opinion is important. Ahat0ould you li=e to see happen 0ith this caseB

Pro7ation: The court orders that the offender e sentenced to time in ;ail or prison, ut has all orpart of his/her sentence stayed. This means that the offender does not actually serve the time, ut imonitored for a period of time y an agent to ensure compliance ith the conditions of proation.

9ail: The offender is ordered to spend time in a detention facility administered y the county sheriff9office. The offender cannot e ordered to spend more than one year in a county facility. 0ffendersith less serious offenses are typically sentenced to ;ail and not prison.

Prison: The offender is ordered to spend time in a 2innesota ?orrectional =acility. The offender isordered to spend at least a year and day in a correctional facility, typically referred to as Fprison.G0ffenders convicted of more serious offenses are sentenced to prison.

Restittion: The offender is ordered to pay money to reimurse the victim for losses that are aresult of the crime. The victim must sumit information aout the financial loss to the court in order treceive restitution.

No contact order: The offender is ordered to have no contact ith the victim.

Conselin60treatment: The offender is ordered to undergo special treatment or attend a specialprogram such as N, , a atterers program, chemical dependency treatment, mental healthcounseling, etc. 8f so, hat 5indM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

Ot#er4 Please describe3

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No preference as to #at #appens to t#e offender4

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VICTIM IMPACT $ORM /PA!E -1

NOTI$ICATION A(OUT CASE

@ou have a right to e notified of the developments of this case and the outcome of the

sentence, even if you do not have a specific request related to ho this case should edecided. 8f you do not ish to receive information or notifications aout the case, you canspecify here.

8 ant to receive information and notifications aout this case.

8 do not ant any further communication from your office.

IMPACT O$ T&E CRIME

@ou may provide a statement to the court aout the impact of the crime. @ou have a right to

sumit this statement in riting, orally, or oth. @ou may choose to have the prosecutor orvictim advocate read the statement to the court for you at the sentencing hearing. @ou maysumit this statement no, or sumit it later at the scheduled sentencing hearing in the eventthe defendant pleads guilty or is found guilty at trial.

ou can describe the impact that this crime has had on you belo0, or attach a separate0ritten or typed statement to this form

N0T67 8f found guilty and a pre>sentence investigation &P8' is ordered, ould you li5e this impact statementforarded to the name agency for their informationM &8f not, you may receive another Victim Impact tatementform from them to complete.' LLLL @es LLLL No

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PE66 6T3N TB8 =02 T0 - 2M1 OIC1 , 8E118 , C I8 , M-, . IP

ou may 0ant to retain a copy of this form and any supporting documentation for your files

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NOTE: T#is affidavit for restittion mst 7e completed and retrned to t#e cort administrator notater t#an ) $ailre to claim restittion ill not reslt in t#e loss of t#e ri6#t toprse an" ot#er civil remed" availa7le 7" la4

A$$I'AVIT O$ RESTITUTION + SAMPLE -

5OU MUST COMPLETE T&IS $ORM TO RE%UEST RESTITUTION

District ?ourt =ile Numer7-ictim Name7-ictim ddress7Daytime Phone numer7

8, LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL, am a victim &or representative of the victim' inthis case and 8 ish to ma5e a claim for restitution.

PROPERT5 STOLEN OR 'AMA!E':

Description of loss mount

ME'ICAL E*PENSES:

Description of expense mount

OT&ER:

Description of expense mount

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Please chec= here if additional sheets are attached3

OVER

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A$$I'AVIT O$ RESTITUTION + SAMPLE - /PA!E -1

OT&ER IN$ORMATION:

8 do not have insurance coverage.

8 do have insurance coverage or partial coverage.8nsurance company7

Policy Numer7

Telephone Numer7

Deductile7

8 have a pending claim ith the 2innesota ?rime -ictims eparation :oard.

estitution is determined y the ;udge ased on this affidavit and any documents you sumit.

8t ill help the name city:county attorney9s office represent and prove your request forrestitution to the ;udge if you provide supporting documentation for all items listed.

Please attach supporting documentation including7 medical ills, repair or replacementreceipts, copies of cancelled chec5s, insurance claim forms, and/or estimates for repairs. 8fthe aove list includes collectiles such as coins, stamps, etc., verification of value y alicensed dealer or appraiser must e attached. If you do not have supporting documentation,

please e6plain ho0 the amount of loss 0as determined

T&IS $ORM MUST (E SI!NE' (E$ORE A NOTAR5:

The aove statement of claim is true and correct to the est of my 5noledge7

ignature

orn/affirmed efore me this day of .

-otary public

Please return this form to -ame, 2gency, 2ddress, y LLLLLLLLLLLLLLL &date'. &8n order toe considered at the sentencing hearing, all information regarding restitution must e

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received y the court administrator at least three usiness days efore the sentencinghearing.'

>EEP A COP5 O$ T&IS $ORM AN' ALL SUPPORTIN! 'OCUMENTATION $OR 5OUR RECOR'S4

POST CONVICTION NOTICE ,

VICTIM RE%UEST $OR NOTI$ICATION O$ POST?CONVICTION PROCEE'IN!S


-ictims have a right to e informed of certain events that occur after the defendant has een convicted and sentenced.These events may occur months or years after sentencing, or perhaps not at all.

f you ould li5e to e notified in the event that one of these post>conviction proceedings occurs, please sumit this formto the County ?ounty ttorney9s 0ffice.

VICTIM IN$ORMATION



6mail7 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

Bome phone7 LLLLLLLLLLLLLLLLLLLLL ?ell7 LLLLLLLLLLLLLLLLLLLLLLLLCor57 LLLLLLLLLLLLLLLLLLLLL

Ahat is the best 0ay to reach you during the dayB Bome phone ?ell phone Cor5 phone 6mail

Please note any special considerations 0hen contacting you3 @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

RE%UEST $OR NOTI$ICATION

Please notify me of the follo0ing events3

E8pn6ement: defendant is see5ing to have the conviction removed from his/her criminal record.

Civil commitment + petition filed: The county attorney9s office has filed a petition to have the offendercommitted as a person mentally ill and dangerous to the pulic or ith a sexually psychopathic personality.

Civil commitment + offender released: 8f a person under civil commitment is scheduled for release, theDepartment of Buman ervices ill provide notice to the victim.

8he county attorney is re@uired to provide notice to the victim regarding an appeal 0ithout a specific re@uest from thevictim 8o confirm your 0ishes regarding notification about appeal proceedings, please chec= the appropriate bo6

5es) please notify me of any appeal

No) do not notify me of any appeal.

mportant: These post>conviction proceedings do not occur in all cases, and some of them are relatively rare events. 8f youhave any questions, contact victim:0itness coordinator, prosecutor, or other designated person aout ho these proceedingsare initiated, the frequency ith hich they occur, and hen they are li5ely to occur.

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t is important to eep "or contact information p?to?date to ensre proper notification4 Please eepn mind t#at a post?conviction event cold tae place mont#s or "ears folloin6 conviction4

Please retrn t#is form to "ame, Agency, Address

POST CONVICTION NOTICE -

VICTIM RE%UEST $OR NOTI$ICATION O$ POST?CONVICTION PROCEE'IN!S


-ictims have a right to e informed of certain events that occur after the defendant has een convicted and sentenced.These events may occur months or years after sentencing, or perhaps not at all.

8f you ould li5e to e notified in the event that one of the post>conviction proceedings ill occur, please sumit this form to the County ttorney9s 0ffice.

VICTIM IN$ORMATION



6mail7 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

Bome phone7 LLLLLLLLLLLLLLLLLLLLL ?ell7 LLLLLLLLLLLLLLLLLLLLLLLLCor57 LLLLLLLLLLLLLLLLLLLLL

Ahat is the best 0ay to reach you during the dayB Bome phone ?ell phone Cor5 phone 6mail

Please note any special considerations 0hen contacting you3 @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

8 ould li5e to e notified of post>conviction proceedings.

S7mit to: 8itle 9victim:0itness coordinator, prosecutor, or other designated person;County ttorney9s 0fficeMailing 2ddress1mail Phone

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If "o do not s7mit t#is form) "o ill not receive notification of an" post?conviction

proceedin6s4

It is important to eep "or contact information p?to?date to ensre proper notification4

Please eep in mind t#at a post?conviction event cold tae place mont#s or "ears folloin6conviction4

NOTICE O$ PETITION $OR E*PUN!EMENT + SAMPLE ,



Dear Victim -ame3

0ur records indicate that you ere the victim of a crime that occurred on Date. Defendant name convicted of thecrime of Charge list on Disposition date.

The purpose of this letter is to inform you that Defendant name has filed a petition to expunge &seal' laenforcement and court records regarding this criminal case. The expungement hearing is set for the folloing

Date, 8ime-ame County Courthouse, Courtroom -umber ,Judge -ame

@ou have a right to attend this hearing and you have a right to sumit an oral or ritten statement to the court. 8nthat statement you can descrie the harm suffered y you as a result of the crime and provide yourrecommendation to the court as to hether expungement should e granted or denied. 8f you are unale orould prefer not to attend this hearing ut ould li5e the court to consider your input hen ma5ing its decision,you can sumit your statement to the court y delivering it in person or y mailing to the folloing7

8he Fonorable Judge -ameDistrict Court Judge

2ddress

:e sure to include on your statement7 your name, defendant9s name, and case numer. Ce ould also li5e to

5no of your position on the expungement petition so please provide a copy to us as ell.

8f you intend to appear at this hearing, please notify our office efore the court date. 0n the day of the hearing,please arrive at the courtroom at least !" minutes prior to the start of the scheduled proceeding, and 4describethe process for chec=ing in 0ith prosecutor, bailiff, and:or other court personnel5.


@ours truly,Page %4


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-ame,8itle 9victim:0itness coordinator, prosecutor, or other designated person;8elephone number

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NOTICE O$ PETITION $OR E*PUN!EMENT + SAMPLE -



Dear Victim -ame3

0ur records indicate that you ere the victim of a crime that occurred on Date. Defendant name convicted of thecrime of Charge list on Disposition date.

The purpose of this letter is to inform you that Defendant name has filed a petition to expunge &seal' laenforcement and court records regarding this criminal case. The expungement hearing is set for the folloing

Date, 8ime-ame County Courthouse, Courtroom -umber ,Judge -ame

@ou have a right to attend this hearing and you have a right to sumit an oral or ritten statement to the court. 8nthat statement you can descrie the harm suffered y you as a result of the crime and provide yourrecommendation to the court as to hether expungement should e granted or denied.

8f you are unale or ould prefer not to attend this hearing ut ould li5e the court to consider your input henma5ing its decision, you can sumit your statement to our office and e ill provide a copy to the court, or youcan send a copy of your statement directly to the court. 0n any ritten statement, e sure to include your name,

defendant name, and case numer.

8f you intend to appear at this hearing, please notify our office efore the court date. 0n the day of the hearing,please arrive at the courtroom at least !" minutes prior to the start of the scheduled proceeding, and 4describethe process for chec=ing in 0ith prosecutor, bailiff, and:or other court personnel5 8f you plan to sumit astatement at the hearing, e sure to chec5 in ith court staff and inform them you ish to give a statementduring the petition hearing.


@ours truly,

-ame,

8itle 9victim:0itness coordinator, prosecutor, or other designated person;8elephone number

sample prosecution letters

Documents