After a domestic assault arrest, the person who called for help often has many questions. When will they be released? Will I be told? Can I stop the case?
In Minnesota, the prosecutor runs the criminal case. But state law gives alleged victims clear rights to notice and to be heard. Here is what those rights are.
The Right to Know Before Release
The arrested person may be released soon. Before that happens, the jail or agency holding them must try in good faith to tell the alleged victim:
- the conditions of release, if any
- the time of release
- the time, date, and place of the next court date, and the right to be there
- the location and phone number of a local program for domestic abuse victims
The agency must also give the alleged victim a copy of any written release order.
The Right to Know About the Bail Review
A judge may hold a hearing on whether to release the person. If so, the court must try in good faith to tell the alleged victim. The notice gives the date, time, and place. It names a contact person. It also says the alleged victim may attend.
The Right to Be Told If the Case Is Dropped
The alleged victim cannot drop the case alone. The prosecutor decides whether to file charges or dismiss them. If the prosecutor drops the case, section 611A.0315 says the prosecutor must make every reasonable effort to tell the victim. The prosecutor must also keep a record of the specific reasons for any dismissal.
With that notice, the prosecutor must explain how to seek an order for protection or a harassment restraining order. The victim must be told they can seek one without paying a fee.
People often ask whether a victim can simply end the case. For the full answer, see this guide on whether a victim can drop domestic assault charges in Minnesota.
The Right to Weigh In on a Plea Deal
Before a plea deal goes through, the prosecutor must try in good faith to tell the victim what the deal is. That includes how much jail or prison time is on the table.
The victim also has the right to be at the plea hearing and the sentencing hearing. They can object to the deal, in person or in writing. If the victim is not there, the prosecutor must share their objections with the court.
The Right to Speak at Sentencing
If the case ends in a sentence, the victim may give an impact statement. It can be spoken or written. It can cover the harm, any money lost, and the victim’s view of the sentence. If the victim asks, the prosecutor must read it aloud.
The Right to Know How It Ended
In most cases, the prosecutor must try to tell each victim how the case ended. This must happen within 15 working days after a conviction, acquittal, or dismissal.
What About the No Contact Order?
Many cases include a domestic abuse no contact order, called a DANCO. The court issues it against the defendant. It binds the defendant, not the alleged victim. Because it is a court order, questions about changing it go to the court.
Where to Find Help
The Minnesota Office of Justice Programs lists resources and rights for crime victims, including ways to find a local victim service provider and how to report a rights violation.
Knowing these rights can make a hard time a little clearer. A victim advocate can help you use them.