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Providing services for victims of: Domestic Violence, Sexual Assault, and General Crime

208 East Colvin Ave, Suite 2
Warren, MN 56762
 

Office Hours: 8 am to 4:30 pm (or by appointment)

218-745-5523 or 1-866-977-4357

Office located in the lower level of the Marshall County Sheriffs Department

MISSION STATEMENT

The mission of Marshall County Victim Services is to provide safe, non-judgmental support services for victims of domestic violence, sexual assault and general crime. Providing on-going support to victims by offering options, referrals, and resources whether or not they have made contact with the criminal justice system. Marshall County Victim Services will work regularly with the community and criminal justice personal to educate and build a coordinated community response to violence. Advocating for elimination of violence within the home, promote safety, peace, and respect for all individuals.

Definition of CRIME VICTIM: A person who has suffered physical, sexual, financial, or emotional harm as a result of the commission of a crime.

Services

Crime Victims Rights

Advisory Board

Court Process

Important Numbers

FAQ

SERVICES

Services Provided

24-hour toll-free crisis line: Call 1-866-977-4357 or 218-745-5523

All Services are free of charge and all contacts are confidential

Legal Advocacy - Assistance in filing for a protection or harassment order, accompaniment to law enforcement, court hearings, or attorney appointments

Provide information and referrals to area service providers

Accompaniment/transportation to appointments

Referrals for temporary emergency housing and transportation to safety

Crisis counseling

Assistance with safety planning

Accompaniment to medical appointments and emergency medical examination

Support group sessions

A safe, confidential place to share experiences and receive support and understanding

Court Related Services

Advise victim/witness of rights

Information regarding the criminal justice system

Provide briefing on courtroom procedures and hearing process

Provide notification of hearing dates, times, location and any changes in court schedules

Notify the victim of plea offers, plea agreements and sentencing hearings

Assist victim/witness in preparing to be a witness

Assistance in filing for reparations/restitution

Assistance with victim impact statements

Accompany victim/witness to court hearings and trial

Assistance in obtaining the release of property held as evidence

Community & Professional Education

Marshall County Victim Services can provide presentations and professional in-service training to: Civic Organizations, Fraternal Organizations, Professionals, and Prevention Programs for School Children, Church Groups

CRIME VICTIM RIGHTS

Minnesota law provides crime victims with specific rights. These rights apply to all cases, including juvenile cases. Minnesota has a comprehensive Victims' Right Act located in Chapter 611A of Minnesota Statutes. This statute can be located in the county law library, and you can also view this statute on-lne. (Crime Victim Bluebook)

Right to be Notified of

Victim rights

Prosecution process and the right to participate

Content of any plea bargain agreements

Changes in court procedding 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, and the right to be notified of the final disposition

Sentence modifications for the offender, including the date, time and location of the review

Release, transfer, or escape of the offender from prison or custodial institution

Offender's petition for expungement

Right to request restitution and right to apply for reparations

Information on the nearest crime victim assistance program or resource

Petition to civilly commit an offender, outcome of that petition, and notice of offender's possible discharge/release from civil commitment

Right to Protection from Harm

Right to a secure waiting area during court proceedings

Right to request address and other information be withheld in open court

Right to request law enforcement withhold victim's identity from the public

Right to confidential request for HIV testing of offender in sexual assault cases

Protection against employer retaliation for victims and witnesses called to testify, and for victims of heinous crimes and their family memebers wishing to take reasonable time off to attend court proceedings

Tampering with a witness is a crime and 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 proposed disposition or sentence

Right to object orally or in writing to a plea agreement at the hearing

Right to inform court of impact of crime orally or in writing at the sentencing hearing

Right to inform court at the sentencing hearing of social and economic impact of crime on persons and businesses in the community

The right to be present at the sentencing and 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 a crime

Victims may request the court to order the defendant to pay restitution if the defendant is found guilty or pleads guilty

Victims may request that a probation violation hearing be scheduled 60 days proir to the expiration of probation if restitution has not been paid

Domestic Violence and Harassment Victims

Right to be informed of decision by the prosecutor to decline prosecution or dismiss case, accompanied by 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 proceeding

ADVISORY BOARD

Judge Donald J. Aandal

John Novacek, Marshall County Sheriff

Jan Johnston, Marshall County Court Administrator

Mike Williams, Marshall County Attorney

Paula Peterson

Howard Hodney

Dawn Ellis

Bryan Thygeson

LeRoy Vonasek, Marshall County Commissioner

Ellen Johnson, Probation and Parole

Stacy Anderson, Marshall County Social Services

IMPORTANT NUMBERS

Marshall County Victims Services Crisis Line: 218-745-5523 or 866-977-4357

Marshall County Attorney's Office: 218-745-4321

Marshall County Court information: 218-745-4921

Marshall County Sheriff's dept (non-emergency): 218-745-5411

Marshall County Jail: 218-745-5411

Marshall County Social Services: 218-745-5124

North Valley Health Center: 218-734-4211

FIRST CALL FOR HELP: 211

MN Domestic Violence Crisis Line: 866-233-111 (one call for emergency shelter) www.dayoneservices.org

National Domestic Abuse Hotline: 800-799-SAFE(7233) or 800-787-3224 (TTY)

Crime Victim Justice Unit: 651-205-4823 or 800-247-0390

Legal Services of Northwest Minnesota: 800-450-8585

www.ojp.state.mn.us

COURT PROCESS

Apperance Type
Outcome
When
May Victim Attend

Initial (Rule 5) or arraignment

Right given, bail set

Within 48 hours of arrest

Yes

First (Rule 8)

With attorney, omnibus hrg. set

3-10 days after initial appearance

Yes

Omnibus

Constitutional issues raised, probable cause determined

Proir to pre-trial hearings

Yes

Attorney/victim/or witness conference

Discuss possible plea negotiation

Proir to pre-trials or trials

Yes

Plea

Either enter guilty or not guilty

At omnibus or pre-trial hearings

Yes

Trial

 

After not guilty plea

Yes

PSI (Pre-Sentence Investigation) gross misdemeanor/felony cases

Report by probation and given to Judge

After guilty plea or verdict

N/A

Sentencing

After guilty verdict or plea

2-5 weeks after plea or verdict

Yes

Court Process for misdemeanor charges:

The defendant is formally notified of the charges filed, advised of his/her rights, bail is set at the arraignment. If the defendant cannot afford an attorney, a public defender is appointed by the court to represent the defendant. The defendant also enters a plea at the time of arraignment. If the defendant pleads guilty, he/she will proceed directly to sentencing.

At the pre-trial hearing the case ID formally set for trial on a specific date. Often a plea agreement is offered and discussed at this time. The defendant may plead guilty and proceed to sentencing.

Trial is where both the prosecutor and the defense attorney are put to the test of presenting their case before a judge or jury. The judge or jury will then review the evidence they have heard and make a decision of guilty or not guilty. The prosecutor must prove the defendant guilty beyond a reasonable doubt.

If the defendant pleads guilty or is found guilty following a trial, a judge will impose a sentence at the sentencing hearing. Unlike sentencing for gross misdemeanor/felony charges, a pre-sentence investigation is not automatically ordered. However, one may be requested in certain instances.

FREQUENTLY ASKED QUESTIONS

How can I get specific information about the case?

Call your local law enforcement agency, prosecutor's office, or victim service provider for information.

What if I need financial assistance?

You could be eligible for reparations from the state of Minnesota if you are victim of a violent crime and have out-of-pocket costs related to medical, counseling, a funeral or wage loss. You could be eligible for restitution from the defendant if he/she is found guilty or enters a guilty plea.

What should I do if I receive a subpoena or am called to testify?

A subpoena is a court order to appear in court. Read it very carefully. It will have instructions on who you should call for court information and location. However, if you have a scheduling conflict or have any questions, you should call whoever sent the subpoena. As a witness, you will receive a small fee for your time and mileage.

Do these rights apply when the offender is a juvenile?

Yes

How will I know when the offender gets out of jail or prison?

To be informed about an offender's release from jail or prison, you must make a special request to be notified. Contact VINE or talk to a local victim service provider for more information.

Can I attend all the hearings?

Yes, in general, criminal court proceedings involving adult defendants are open to the public. A judge may close a hearing or exclude a party under certain cercumstances.