Crime Victim Rights
Minnesota law provides for the following rights for crime victims.
The right to be notified of:
- Their rights as a victim.
- Prosecution process and their right to participate.
- Content of any plea bargain agreements.
- 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, 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.
- Information on the nearest crime victim assistance program or resource.
- Filing of a civil commitment petition and the outcome.
Participation in Prosecution
- Request a speedy trial.
- Provide input in a pretrial diversion decision.
- Be present at the sentencing and plea presentation hearings.
- Object orally or in writing to a plea agreement at the hearing.
- Object orally or in writing to a proposed disposition or sentence.
- Inform the court of the impact of crime orally or in writing at the sentencing hearing (Victim Impact Statement).
- Inform the court at the sentencing hearing of social and economic impact of crime on persons and businesses in the community.
- Submit statement regarding decision to discharge/release an offender from civil commitment.
- Bring a supportive person to court hearings.
- Attend hearings.
- Request a probation review hearing if restitution is not paid as ordered.
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 his/her identity from the public.
- Tampering with a witness is a crime and should be reported.
- Employers may not discipline or dismiss victims or witnesses who are called to testify in court.
- The 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 violent 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 a probation violate hearing prior to the expiration of probation if restitution has not been paid as ordered.
Victims of Domestic Violence, Sexual Assault & Harassment
- Right to be informed of prosecutor’s decision to decline prosecution or dismiss case along with information about seeking a protective or harassment order at no fee.
- Protection against employer retaliation for victims who take reasonable time off to attend Order for Protection or Harassment Restraining Order proceedings.
- Domestic abuse victims have the ability to terminate lease without penalty or payment.
- Sexual assault victims can make a confidential request for HIV testing of an offender if offender is found delinquent.
- Sexual assault victims are not required 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.