Frequently Asked Questions
Restitution is a court order for money that an offender pays to the victim for any out-of-pocket expenses that occurred as a direct result of the crime. Restitution can be ordered both in adult and juvenile criminal cases at sentencing (adult) and disposition (juvenile) hearings.
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You must complete an Affidavit of Restitution form. Here you will provide a list of your losses, the dollar value of repair or replacement, and receipts or reasons justifying the amounts. The form should be filed as soon as possible. Examples of losses covered by restitution include, but are not limited to:
- medical bills not covered by insurance
- transportation
- lost wages
- repair or replacement of stolen or damaged property
- Copies of bills, receipts, insurance claim forms, and estimates should be attached to the affidavit of restitution form. The form must also be stamped, notarized, and include the defendant's name and court file numbers. If you need help or assistance completing the affidavit of restitution form, please call the Steele County Attorney's Office Victim/Witness line at 507-444-7780.
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Restitution for both juvenile and adult offenders is paid on a schedule arranged by the supervising probation officer. You may speak to the probation officer by calling and asking to speak with the person who is supervising the offender. You also have the right to request that a review hearing be scheduled if you are not satisfied with the rate of payment. This will not guarantee payment or any change. It will simply be a request for the court to review the defendant's efforts at complying with the court's order.
- A Victim Impact Statement may be the only means of making offenders aware of the harm they have caused. A Victim Impact Statement can be written or oral. It gives the victim an opportunity to provide information for the judge to consider at sentencing, and allows the victim to express the pain, anguish, and financial devastation the crime has caused. A Victim Impact Statement provides the court with information which leads to appropriate sentences and suitable restitution.
- According to the law, the victim determines how the statement should be presented at the sentencing or disposition hearing. They may choose to:
- Present the statement in written form
- Present the statement orally to the court
- Request the prosecuting attorney or victim coordinator to orally present the statement.
- The following are items to consider including in your Victim Impact Statement:
- A summary of the harm or trauma suffered by the victim because of the crime
- A summary of the financial loss or damage suffered by the victim because of the crime
- The victim's reactions or objections to the proposed sentence
- Jail, prison, work release privileges, community service can be addressed
- A short statement of what outcome the victim would like and their reasons, including support for, or opposition to, treatment or community service programs
- Highlights about the victim, their past accomplishments, hopes for the future and what the crime has done to these activities
- The overall effect the incident has had on the victim and family. Do not repeat facts already presented.
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As the victim or witness to a crime committed by an adult offender, you have the right to be at any hearing. You are not obligated to come to court unless you receive a subpoena. Many juvenile hearings are closed and you should ask your Victim/Witness Coordinator whether you may attend.
- The Constitutions of the United States and State of Minnesota guarantee each defendant the right to face their accusers. Your Victim/Witness coordinator will do everything possible to prepare you for your experience on the witness stand
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- The court process is often lengthy and confusing. The following is a general outline of the criminal prosecution states. Individual cases may vary.
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- First Appearance - where the bail is set, conditions of release are ordered and a public defender is appointed, if appropriate.
- Omnibus Hearing - where the defendant can plead guilty or not guilty. If the plea is not guilty, a pre-trial hearing is set.
- Pre-Trial Hearing - where plea agreements are negotiated with input from victims. Victim presence is not required but is recommended. If defendant pleads guilty, sentencing is on the same day. If defendant please not guilty in any case, trial date is set.
- Trial - where witnesses testify about the facts of the case. Can be with or without a jury. Victim is required to come if subpoenaed.
- Sentencing - if the defendant is found guilty, judge imposes punishment which can include jail or prison time, fines, community service, restitution to the victim, terms of probation, counseling or treatment programs, etc. Victim is encouraged to attend and give a victim impact statement.
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- While this is a frequent scenario on popular television shows and movies, it is generally not the case in real life. The County Attorney can request that a no contact order be issued as a condition of the defendant's release. In cases of Domestic Abuse and for assistance with obtaining an Order for Protection, please contact The Crisis Resource Center at 507-451-1202. Also, in cases of domestic abuse, you can get help in obtaining an Order for Protection. Any violations of these orders should be reported to the police and the probation office.
- There are several ways to track defendants who may be in custody. You will the need the name of the defendant. A date of birth is also helpful.
- If the defendant is in custody in a state prison, information may be accessed through the Minnesota Department of Corrections website. If the defendant is being held in the Steele County Detention Center, information may be accessed through the Sheriff's Department website.
- VINE, an automated system that will track offenders in MOST of Minnesota's county jails, is also available at 1-877-MN-4-VINE (1-877-664-8463). You may also receive a document with sentencing information from your Victim/Witness coordinator that will enable you to request that the custodial facility notify you when the defendant is scheduled to be released or furloughed.
Victim Services Coordinator
Teresa Dudley