Professional Documents
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Prosecutors are statutorily required to provide notification to victims throughout the course of the
criminal prosecution. This document provides a list of notification requirements, tips, and sample
letters 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 Sample 1............................................................................................................................... 5
Notice of prosecution Sample 2............................................................................................................................... 6
Notice of prosecution Sample 3 (homicide/criminal vehicular homicide).................................................................7
Notice of prosecution Sample 4 (post initial appearance)........................................................................................8
Notice of prosecution Sample 5 (post initial appearance)........................................................................................9
Notice of hearing Sample 1..................................................................................................................................... 10
Notice of hearing Sample 2 (misdemeanors)........................................................................................................... 11
Notice of plea offer...................................................................................................................................................... 12
Notice of sentencing hearing Sample 1................................................................................................................... 13
Notice of sentencing hearing Sample 2................................................................................................................... 14
Notice of disposition Sample 1................................................................................................................................. 15
Notice of disposition Sample 2 (prison)................................................................................................................... 16
Notice of decision to dismiss charge against person accused of domestic assault, harassment,
or criminal sexual conduct....................................................................................................................................... 17
Notice to employer of victim prohibition on employer retaliation..............................................................................18
Notice of filing an appeal............................................................................................................................................ 19
Notice of outcome of an appeal.................................................................................................................................. 20
Notice of victim rights.................................................................................................................................................. 21
Victim impact form...................................................................................................................................................... 22
Affidavit of Restitution Sample 1 (court form)........................................................................................................... 24
Affidavit of Restitution Sample 2 ............................................................................................................................. 25
Post conviction notice to victim Sample 1................................................................................................................ 27
Post conviction notice to victim Sample 2................................................................................................................ 28
Notice of expungement............................................................................................................................................... 29
If you have any suggestions for modifications or additions, please contact the Crime Victim Justice Unit, Office of Justice
Programs, Minnesota Department of Public Safety, 800-247-0390, 651-201-7310.
Office of Justice Programs, Minnesota Department of Public Safety Updated November 2015
NOTIFICATION REQUIREMENT
Minnesota Statutes
section
NOTICE OF PROSECUTION
Victims have a right, if an offender is charged, to be informed of, and participate in, the
prosecution process.
611A.03, subd. 1
SENTENCING
A prosecutor must make a reasonable and good faith effort to inform the victim of the right to
be present at the sentencing hearing.
611A.03, subd. 1
PRETRIAL DIVERSION
A prosecutor shall make every reasonable effort to notify and seek input from the victim prior
to referring a person into a pretrial diversion program in lieu of prosecution (for certain
specified crimes).
611A.031
611A.0315
SCHEDULE CHANGES
A prosecutor shall make reasonable efforts to provide advance notice of any change in the
schedule of the court proceedings to a victim who has been subpoenaed or requested to
testify.
611A.033(b)
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253B.18, subd. 5a
NOTICE OF APPEAL
A prosecutor shall make a reasonable and good faith effort to provide the victim of notice of
a pending appeal, either orally or in writing. This notice must be provided within 30 days of
the filing of the respondents brief, and must contain either a copy of the brief or explanation
of the contested issues, as well as information about the process, scheduled hearings, the
victims right to attend oral arguments, and contact information.
611A.0395, subd. 1
EXPUNGEMENT
The prosecuting authority with jurisdiction over an offense for which expungement is being
sought shall make a good faith effort to notify a victim that the expungement is being sought
if the victim has made a written request to the prosecuting authority or has included such a
request in the written request to the commissioner of corrections for notice of release.
Inform the victim of the nature of the charges filed against the offender.
Provide notice of victim rights in writing, not orally.
Be clear about the appropriate person to contact in the office (victim advocate or prosecuting attorney).
Remind victim to inform office of any changes in contact information.
For court proceedings, make sure the victim knows where to go and any check-in procedures.
Inform the victim of the likelihood of changes in the court schedule.
Inform the victim that plea agreements can be made at any time and that the defendant can enter a plea
at any time.
Inform victims of the Minnesota Crime Victims Reparations Board.
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Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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PROSECUTION SAMPLE 2
Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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HEARING SAMPLE 1
Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
Jail time
Length of probation, and which agency supervising
Conditions of probation, stay of adjudication, or stay of imposition
No contact provision
Counseling, treatment, or other conditions
Eligibility for work release or sentencing to service
Restitution
As a victim of the crime, you have the right to be notified prior to the offenders release from detention facility. If
you wish to be notified, you can register to receive automated notification regarding the offenders release
through the Victim Information Notification Everyday (VINE) system. To register, please call 877-664-8463 or go
to www.vinelink.com.
If you have continuing concerns or questions, please do not hesitate to contact our office.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
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Victim Name
Street
City, MN Zip
RE:
Length of incarceration
Length of probation/supervision and agency responsible for supervision
No contact provision
Counseling, treatment, or other conditions
Restitution
The defendant has been remanded to the custody of the Minnesota Department of Corrections (DOC). He will
first go to the Minnesota Correctional Facility at Name for processing and then will likely be transferred to
another facility within number weeks. In general, you can find the location of the defendant, as well as other
information, by going to the offender locator page on the DOC Web site: www.doc.state.mn.us. The crime
victim resource page on the same Web site provides additional information and resources for victims and others
affected by a crime that resulted in the offender being sentenced to the DOC.
As a victim of the crime, you have the right to be notified when the offender is released from the correctional
facility. If you wish to be notified prior to the offenders release, you must make a request to the DOC, either by
registering online with the Minnesota CHOICE service (www.minnesotachoice.com), or by contacting the DOC
Victim Assistance Program at 877-664-8463 It is important to remember that release notification to crime victims
is not automaticyou must take steps to ensure that your request for notification is given to the proper agency.
If you have continuing concerns or questions, please do not hesitate to contact our office.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Enclosure
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Victim Name
Street
City, MN Zip
RE:
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Employers may not retaliate against victims and witnesses who take time off from work to answer a
subpoena or answer the request of a prosecutor. Minn. Stat. 611A.036, subds. 1 and 3.
Employers cannot retaliate against a victim of a violent crime, as well as the victims spouse or next of
kin, who takes reasonable time off from work to attend proceedings involving the prosecution of the
crime. Victims and their family members do not have to be subpoenaed or asked to attend by the
prosecutor for this section to apply. Minn. Stat. 611A.036, subd. 2.
Employers are prohibited from retaliating against an employee who takes reasonable time off from
work to obtain an order for protection or harassment restraining order. Minn. Stat. 518B.01, subd. 23;
609.748, subd. 10.
The acts that are prohibited include: discharge, discipline, threaten, or otherwise discriminate against or penalize
an employee regarding the employees compensation, terms, conditions, location, or privileges of employment
because the employee took reasonable time off from work to attend the court proceeding. Minn. Stat.
611A.036, subd. 3; 518B.01, subd. 23(a).
Employees must communicate their request for reasonable time off to their employer. The employee must give
48 hours advance notice, except in cases of imminent danger. The employer may ask for verification, but any
information related to the leave must be kept confidential. Minn. Stat. 611A.036, subd. 4; 518B.01, subd.
23(a).
There are consequences to the employer for violating these provisions. In particular, an employer who violates
these provisions is guilty of a misdemeanor and may be punished for contempt of court. The court has the
authority to order the employer pay back wages and offer reinstatement. In addition, the employee may have a
civil cause of action against the employer for violating these provisions. A prevailing plaintiff may seek damages
and costs, as well as other injunctive relief. Minn. Stat. 611A.036, subd. 5; 518B.01, subd. 23(b).
Attached are copies of the relevant sections of the Minnesota Statutes related to this matter. If you have any
questions about this, please feel free to call.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
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FILING AN APPEAL
Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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VICTIM IMPACT
VICTIM INFORMATION
Please complete this form and return to the Name Office to provide information about the impact this
crime has had on you and to indicate to what extent you would like to participate in the criminal
prosecution of the defendant.
Name: ______________________________________________________________
Address: _____________________________________________________________
Home phone: _______________________ Cell phone: ___________________________
Work phone: _______________________________
Which number is the best one to reach you during the day?
Home phone Cell phone Work phone Any
DESIRED OUTCOME OF THE CRIMINAL CASE
Although it is the responsibility of the court to impose the final sentence, your opinion is important. What
would you like to see happen with this case?
Probation: The court orders that the offender be sentenced to time in jail or prison, but has all or
part of his/her sentence stayed. This means that the offender does not actually serve the time, but is
monitored for a period of time by an agent to ensure compliance with the conditions of probation.
Jail: The offender is ordered to spend time in a detention facility administered by the county sheriffs
office. The offender cannot be ordered to spend more than one year in a county facility. Offenders
with less serious offenses are typically sentenced to jail and not prison.
Prison: The offender is ordered to spend time in a Minnesota Correctional Facility. The offender is
ordered to spend at least a year and day in a correctional facility, typically referred to as prison.
Offenders convicted of more serious offenses are sentenced to prison.
Restitution: The offender is ordered to pay money to reimburse the victim for losses that are a
result of the crime. The victim must submit information about the financial loss to the court in order to
receive restitution.
No contact order: The offender is ordered to have no contact with the victim.
Counseling/treatment: The offender is ordered to undergo special treatment or attend a special
program such as NA, AA, a batterers program, chemical dependency treatment, mental health
counseling, etc. If so, what kind? ___________________________________
Other. Please describe:
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NOTE: If found guilty and a pre-sentence investigation (PSI) is ordered, would you like this impact statement
forwarded to the name agency for their information? (If not, you may receive another Victim Impact Statement
form from them to complete.) ____ Yes ____ No
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District Court
Judicial District:
Court File Number:
Case Type:
State of Minnesota,
Plaintiff
vs.
,
Defendant
, being duly sworn, states the following losses were
incurred,
or
the
following
property
was
damaged,
stolen
or
destroyed
by
__________________________, defendant.
List the value and/or damage of each property item. Also include other out-of-pocket losses resulting
from the crime. (Attach estimates or receipts. Attach another sheet if necessary.)
TOTAL:
My losses/damages (were) (were not) covered by insurance.
Name of insurance company
Policy No.
Claim No.
$
$
$
$
$
$
$
$
Amount of deductible
and/or uninsured loss: $
Insurance claim has been submitted but has not been paid.
Dated:
Signature (Sign only in front of notary public or court administrator.)
Name:
Sworn/affirmed before me this
day of
Address:
City/State/Zip:
Telephone: (
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NOTE: This affidavit for restitution must be completed and returned to the court administrator not
later than
, Failure to claim restitution will not result in the loss of the right to
pursue any other civil remedy available by law.
Amount
$
$
$
$
$
MEDICAL EXPENSES:
Description of expense
Amount
$
$
$
$
$
OTHER:
Description of expense
Amount
$
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$
$
$
Please check here if additional sheets are attached:
OVER
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Restitution is determined by the judge based on this affidavit and any documents you submit.
It will help the name city/county attorneys office represent and prove your request for
restitution to the judge if you provide supporting documentation for all items listed.
Please attach supporting documentation including: medical bills, repair or replacement
receipts, copies of cancelled checks, insurance claim forms, and/or estimates for repairs. If
the above list includes collectibles such as coins, stamps, etc., verification of value by a
licensed dealer or appraiser must be attached. If you do not have supporting documentation,
please explain how the amount of loss was determined.
day of
Notary public
Please return this form to Name, Agency, Address, by _______________ (date). (In order to
be considered at the sentencing hearing, all information regarding restitution must be
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received by the court administrator at least three business days before the sentencing
hearing.)
KEEP A COPY OF THIS FORM AND ALL SUPPORTING DOCUMENTATION FOR YOUR RECORDS.
POST CONVICTION NOTICE 1
Victims have a right to be informed of certain events that occur after the defendant has been convicted and sentenced.
These events may occur months or years after sentencing, or perhaps not at all.
If you would like to be notified in the event that one of these post-conviction proceedings occurs, please submit this form
to the County County Attorneys Office.
VICTIM INFORMATION
Name: ______________________________________________________________
Address: _____________________________________________________________
Email: _____________________________________________
Home phone: _____________________ Cell: ________________________Work: _____________________
What is the best way to reach you during the day? Home phone Cell phone Work phone Email
Please note any special considerations when contacting you: _______________________________________
________________________________________________________________________________________
Expungement: A defendant is seeking to have the conviction removed from his/her criminal record.
Civil commitment petition filed: The county attorneys office has filed a petition to have the offender
committed as a person mentally ill and dangerous to the public or with a sexually psychopathic personality.
Civil commitment offender released: If a person under civil commitment is scheduled for release, the
Department of Human Services will provide notice to the victim.
The county attorney is required to provide notice to the victim regarding an appeal without a specific request from the
victim. To confirm your wishes regarding notification about appeal proceedings, please check the appropriate box.
It is important to keep your contact information up-to-date to ensure proper notification. Please keep
in mind that a post-conviction event could take place months or years following conviction.
Please return this form to Name, Agency, Address
RE:
Victims have a right to be informed of certain events that occur after the defendant has been convicted and sentenced.
These events may occur months or years after sentencing, or perhaps not at all.
If you would like to be notified in the event that one of the post-convi
ction proceedings will occur, please submit this form to the County Attorneys Office.
VICTIM INFORMATION
Name: ______________________________________________________________
Address: _____________________________________________________________
Email: _______________________________________________________________
Home phone: _____________________ Cell: ________________________Work: _____________________
What is the best way to reach you during the day? Home phone Cell phone Work phone Email
Please note any special considerations when contacting you: _______________________________________
________________________________________________________________________________________
Submit to:
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If you do not submit this form, you will not receive notification of any post-conviction
proceedings.
It is important to keep your contact information up-to-date to ensure proper notification.
Please keep in mind that a post-conviction event could take place months or years following
conviction.
NOTICE OF PETITION FOR EXPUNGEMENT SAMPLE 1
Victim Name
Street
City, MN Zip
RE:
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Victim Name
Street
City, MN Zip
RE:
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