Sample Prosecution Letters
Sample Prosecution Letters
Sample Prosecution Letters
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.
Notice of decision to decline prosecution – Domestic violence, criminal sexual conduct, or stalking 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 (probation) ............................................................................................................... 15
Notice of disposition – Sample 2 (prison) .................................................................................................................... 16
Notice of decision to dismiss charge against person accused of domestic assault, stalking,
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 input 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
Represented victim - notice to attorney ...................................................................................................................... 31
Represented victim - attorney authorization form – Sample 1 ..................................................................................... 32
Represented victim - attorney authorization form – Sample 2 ..................................................................................... 33
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 2017
Prosecution Notification Letters
Minnesota Statutes
NOTIFICATION REQUIREMENT section
NOTICE OF PROSECUTION
611A.02, subd. 2(b)(5)
Victims have a right, if an offender is charged, to be informed of, and participate in, the
prosecution process.
Prosecutors must distribute a supplemental notice of the rights of crime victims to each 611A.02, subd. 2(c)
victim, within a reasonable time after the offender is charged or petitioned. This notice must
inform the victim of all statutory victim rights under chapter 611A.
A prosecutor must make a reasonable and good faith effort to notify a victim of the contents 611A.03, subd. 1
of a plea agreement prior to the entry of a plea pursuant to a plea agreement
recommendation.
SENTENCING
611A.03, subd. 1
A prosecutor must make a reasonable and good faith effort to inform the victim of the right to
be present at the sentencing hearing.
PRETRIAL DIVERSION
A prosecutor shall make every reasonable effort to notify and seek input from the victim prior 611A.031
to referring a person into a pretrial diversion program in lieu of prosecution (for certain
specified crimes).
A prosecutor must make every reasonable effort to notify a victim of domestic assault, a
611A.0315
criminal sexual conduct offense, or stalking that the prosecutor has decided to decline
prosecution or to dismiss the criminal charges filed against the defendant. The prosecutor
must also inform the victim of the method of seeking an order for protection or restraining
order and that the victim may seek an order without paying a fee.
SCHEDULE CHANGES
A prosecutor shall make reasonable efforts to provide advance notice of any change in the 611A.033(b)
schedule of the court proceedings to a victim who has been subpoenaed or requested to
testify.
Page 2
Prosecution Notification Letters
DISPOSITION NOTICE
A prosecutor shall make reasonable good faith efforts to notify each affected crime victim,
either orally or in writing, with notice of the final disposition of the case. This notice must be
provided within 15 working days after conviction, acquittal, or dismissal of a criminal case.
611A.039
NOTE: If a prosecutor contacts the crime victim in advance of the final case disposition and
notifies the victim of the victim’s right to request information on the final disposition, the
prosecutor shall only be required to provide notice to those victims who have indicated their
desire in advance to be notified of the final case disposition. This provision only applies to
the disposition notice, not to the other notification requirements.
The county attorney must make a reasonable effort to provide prompt notice to the victim of
253B.18, subd. 5a
the filing of the petition to commit the offender. In addition, the county attorney must make a
reasonable effort to promptly notify the victim of the resolution of the petition to commit the
offender.
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 611A.0395, subd. 1
the filing of the respondent’s 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
victim’s right to attend oral arguments, and contact information.
A prosecutor shall make a reasonable and good faith effort to provide to each affected victim
oral or written notice of the decision on an appeal. This notice must be made within 15 611A.0395, subd. 1(b)
working days of the final decision on appeal and must include a brief explanation of what
effect, if any, the decision has upon the judgment of the trial court and who to contact for
more information.
EXPUNGEMENT
The prosecuting authority with jurisdiction over an offense for which expungement is being 611A.06, subd. 1a;
sought shall make a good faith effort to notify a victim that the expungement is being sought 609A.03, subd. 3
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.
Page 3
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
You are the named victim in the incident that occurred on date. Our office has had a chance to review the incident report
in that case and has made the decision not to file any charges against Suspect name. I know this decision may be
disappointing to you, but given the facts and circumstances surrounding this incident, there does not appear to be
sufficient evidence to prove to a jury beyond a reasonable doubt that Suspect Name committed the crime. In particular:
[Describe reasons for decision to decline.]
Even though criminal charges will not be filed, you may want to consider seeking an Order for Protection (OFP) or
Harassment Restraining Order (HRO) against Suspect Name. You can get information about this process by contacting:
An OFP or HRO may assist in keeping the suspect away from you, as well as providing other relief. There is no cost to
filing for an OFP or an HRO given the acts committed against you described in the law enforcement report.
Even though there has been a decision to decline prosecution, you may be eligible for compensation through the
Minnesota Crime Victims Reparations Board. This program provides financial assistance to victims of violent crime for
expenses related to the crime, such as medical expenses, counseling, and lost wages. For more information, call: 888-
622-8799.
If you have questions or concerns about this matter, please contact name for further assistance.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Page 4
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
You have been identified as a victim in the above-named criminal case. This letter is to inform you that this office has
begun criminal prosecution in the above case.
As a victim of a crime, you are guaranteed certain rights under chapter 611A of the Minnesota Statutes. Enclosed is a
brochure outlining your rights as a crime victim.
One of your rights as a crime victim is the right to request restitution in the event the defendant enters a guilty plea or is
found guilty of the crime. The court may order the defendant to pay restitution to you for any monetary loss you may have
incurred as a result of the crime. If you wish to request this payment as part of the sentence, please complete the
enclosed Affidavit of Restitution and return to location by date.
I have been assigned to this case as your advocate and I am here to assist you. I will be working with the prosecutor, who
is the attorney assigned to handle this case. Part of my role as an advocate is to keep you informed of the status of your
case as well as to assist you with any problems as a result of this crime. As this case progresses through the criminal
justice system, I will be sending you notification of court dates. Because you are a victim in this case, it is possible that
you may be subpoenaed to testify at a court proceeding. If you receive a subpoena, please call the phone number listed
on the subpoena prior to coming to court to determine if your appearance is still necessary.
If you wish to participate in the court proceedings, it is important that this office has up-to-date contact information. Please
contact me if you have a change in your telephone number or mailing address. When calling our office, you may be asked
to provide the city/county attorney number listed above to ensure that we are able to immediately reference your case and
route your call properly.
Finally, if the offender is currently in jail, you can request to be notified of any changes in custody status through the
Victim Information Notification Everyday (VINE) system. To check to see if the offender is in jail or to register to receive
automated notification regarding the offender’s change in custody status through VINE call 877-664-8463 or go to
www.vinelink.com.
I realize that being a victim of a crime may carry with it substantial burdens. It is our hope to eliminate as many of these
difficulties and uncertainties as possible. Please contact our office if you have any questions or concerns.
Yours truly,
Name
Victim Advocate
Telephone number
Enclosures
Page 5
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you that our office has charged a case involving you as a victim.
I am the assigned victim advocate for your case. An advocate is not an attorney, but rather a person devoted to assisting
crime victims. Advocates are available to help explain the criminal justice process, answer questions, try to resolve
problems that crime victims and their families may encounter, and attend court hearings with victims when requested to
do so. Victim advocates also serve as a liaison between the prosecutor and crime victims.
As a victim of a crime, you are guaranteed certain rights under chapter 611A of the Minnesota Statutes. Enclosed is a
brochure outlining your rights as a crime victim.
It is common for criminal cases to be resolve through plea negotiations, in which case there would be no trial. In the event
that a plea agreement is reached with the defendant or defendant’s attorney, we will attempt to contact you prior to the
plea hearing. Therefore, it is important that you notify us of any changes in your contact information.
As a crime victim, you have the right to request restitution in the event the defendant enters a plea or is found guilty of the
crime. The court may order the defendant to pay restitution to you for any monetary loss you may have incurred as a
result of the crime. If you wish to request this payment as part of the sentence, please complete the enclosed Affidavit of
Restitution and return to this office by date.
[If victim of violent crime, add:] In addition, as a victim of a violent crime, you may be eligible for compensation under the
Minnesota Crime Victims Reparations Board. This program provides financial assistance to victims of violent crime for
expenses related to the crime, such as medical expenses, counseling, and lost wages. Enclosed is a brochure describing
this program.
You have a right to attend the court proceedings, however, you are not required to do so unless you have been ordered
by the court to appear. This court order is called a subpoena.
Due to the number of cases processed by the court system, delays and last-minute continuances are common. To avoid
an unnecessary trip to court, we recommend that you contact our office one working day before the court proceeding that
you plan to attend so you may be informed of any changes or continuances.
Finally, if the offender is currently in jail, you can request to be notified of any changes in custody status through the
Victim Information Notification Everyday (VINE) system. To check to see if the offender is in jail or to register to receive
automated notification regarding the offender’s change in custody status through VINE call 877-664-8463 or go to
www.vinelink.com.
Please contact me if you have any questions or concerns about this case.
Yours truly,
Name,
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Enclosures
Page 6
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
On behalf of the Name City/County Attorney’s Office, I wish to express our sympathy to you and your family on the death
of your family member, name.
We have undertaken criminal prosecution of defendant name for the crimes listed above. The defendant appeared in
court on date and at that time bail was set in the amount of $amount with the following conditions: conditions. The
defendant is next scheduled to appear on date for a hearing type.
As a family member of the deceased, you are guaranteed certain rights under chapter 611A of the Minnesota Statutes.
Enclosed is a brochure outlining your rights as a crime victim.
One of your rights as a crime victim is the right to request restitution in the event the defendant enters a plea or is found
guilty of the crime. The court may order the defendant to pay restitution to you for any monetary loss you may have
incurred as a result of the crime. If you wish to request this payment as part of the sentence, please complete the
enclosed Affidavit of Restitution and return to this office by date.
In addition, as a victim of a violent crime, you may be eligible for compensation under the Minnesota Crime Victims
Reparations Board. This program provides financial assistance to victims of violent crime for expenses related to the
crime, such as medical expenses, counseling, and lost wages. Enclosed is a brochure describing this program.
I am enclosing a brochure, After a Homicide, which includes additional information about the process, as well as
information about resources and rights for family members of homicide victims.
If you wish to participate in the court proceedings, it is important that this office has up-to-date contact information. Please
contact our office to provide us with a current phone number so we are able to notify you when hearings are scheduled. In
addition, please notify name if you have any changes to your phone number or mailing address.
[For victims of homicide] I am enclosing a brochure entitled After a Homicide that includes resources available to you and
additional rights afforded to surviving family members in cases of homicide.
Finally, if the offender is currently in jail, you can request to be notified of any changes in custody status through the
Victim Information Notification Everyday (VINE) system. To check to see if the offender is in jail or to register to receive
automated notification regarding the offender’s change in custody status through VINE call 877-664-8463 or go to
www.vinelink.com.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Enclosures
Page 7
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you that our office has filed charges in a case in which you have been identified as the victim. For
your information, the defendant has made his/her first appearance in court on date and at that time describe what
occurred. The defendant’s next court date has been scheduled for date/time at location.
As a victim of a crime, you are guaranteed certain rights under chapter 611A of the Minnesota Statutes. Enclosed is a
brochure outlining your rights as a crime victim.
One of your rights as a crime victim is the right to request restitution in the event the defendant pleads guilty or is found
guilty of the crime. The court may order the defendant to pay restitution to you for any monetary loss you may have
incurred as a result of the crime. If you wish to request this payment as part of the sentence, please complete the
enclosed Affidavit of Restitution and return to this office by date.
[If victim of violent crime, add:] In addition, as a victim of a violent crime, you may be eligible for compensation under the
Minnesota Crime Victims Reparations Board. This program provides financial assistance to victims of violent crime for
expenses related to the crime, such as medical expenses, counseling, and lost wages. Enclosed is a brochure describing
this program.
You have a right to attend the court proceedings, however, you are not required to do so unless subpoenaed or ordered
by the court. It is important to keep in mind that hearing dates and times change frequently. Please call this office/the
clerk’s office at phone number one working day in advance of any proceeding you plan to attend so you may be informed
of any last-minute changes in scheduling.
Finally, if you wish to participate in the court proceedings, it is important that this office has up-to-date contact information.
Please call our office to provide us with a current phone number and address so we are able to notify you when hearings
are scheduled. In addition, please let us know if you have any changes to your phone number or mailing address.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Enclosures
Page 8
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to advise you that criminal charges have been filed against the above-named defendant. The defendant has
made his/her first appearance in court on date and at that time describe what occurred. The defendant’s next court date
has been scheduled for date/time at location.
This case has been assigned to name, one of the assistant county attorneys in our office. However, if you have questions
or concerns related to this case, please contact our victim advocate, name. She/he will be able to assist you as this case
progresses through the prosecution process.
As a victim of a crime, you are guaranteed certain rights under chapter 611A of the Minnesota Statutes. Enclosed is a
brochure outlining your rights as a crime victim.
One of your rights as a crime victim is the right to request restitution in the event the defendant pleads guilty or is found
guilty of the crime. The court may order the defendant to pay restitution to you for any monetary loss you may have
incurred as a result of the crime. If you wish to request this payment as part of the sentence, please complete the
enclosed Affidavit of Restitution and return to location by date.
[If victim of violent crime, add:] In addition, as a victim of a violent crime, you may be eligible for compensation under the
Minnesota Crime Victims Reparations Board. This program provides financial assistance to victims of violent crime for
expenses related to the crime, such as medical expenses, counseling, and lost wages. Enclosed is a brochure describing
this program.
In general, victims have a right to attend the court proceedings, however, they are not required to do so unless
subpoenaed or ordered by the court. It is important to keep in mind that hearing dates and times change frequently. If you
plan to attend a court proceeding, please call this office one working day in advance to check on any last-minute changes
in scheduling.
Finally, if you wish to participate in the court proceedings, it is important that this office has up-to-date contact information.
Please contact our office to provide us with a current phone number and address so we are able to notify you when
hearings are scheduled. In addition, please let us know if you have any changes to your phone number or mailing
address.
If you have any questions, please do not hesitate to call name at telephone number.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Enclosures
Page 9
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you that a hearing name in the above-entitled matter is scheduled for date/time at location. As the
victim in this matter, you have a right to attend this hearing, but your presence is not required unless you receive a
subpoena, which is a court order requiring you to attend.
It is important to keep in mind that hearing dates and times change frequently. Please call our office one working day in
advance of any proceeding you plan to attend so you may be informed of any last-minute changes in scheduling.
If you do plan to attend the hearing, please arrive at the courtroom at least 15 minutes prior to the start of the scheduled
proceeding, and check in with the prosecuting attorney on this case.
As always, please call name at telephone number if you have any questions or concerns regarding this case.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Page 10
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you that a hearing name in the above-entitled matter is scheduled for date/time at location. As the
victim in this matter, you have a right to attend this hearing, but your presence is not required unless you receive a
subpoena, which is a court order requiring you to attend.
Hearing dates and times are subject to change, sometimes at the last minute. Please call our office one working day in
advance of any proceeding you plan to attend so you may be informed of any changes in scheduling. If you do plan to
attend the hearing, please arrive at the courtroom at least 15 minutes prior to the start of the scheduled proceeding, and
check-in with the prosecuting attorney on this case.
Please keep in mind that most cases are resolved by a plea agreement between the defendant and the name county/city
attorney’s office. If a plea agreement is proposed, our office will attempt to notify you about the agreement prior to the
plea hearing and ask for your input.
Although there is no proposed plea agreement at this time, it is not unusual for an agreement to be reached on short
notice, oftentimes at a pre-trial proceeding. In such instances, we will attempt to reach you by telephone before the
defendant enters his/her plea. If we are unsuccessful in our attempts to reach you, however, the court may still want the
case to proceed and have the defendant enter his/her plea. Given this possibility, you may want to let us know now about
your feelings on how this case should be resolved. In any case, you are always free to attend any court proceeding or call
our office to discuss the likelihood of a plea agreement being made in the upcoming hearing. Given our need to reach you
by telephone, please make sure that you notify us of any change in your daytime number.
If you have any questions or concerns regarding this case, please call name at telephone number.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Page 11
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to advise you that the prosecutor assigned in this case is in the process of negotiating a plea agreement with
the defendant. Enclosed is a copy of the agreement that the prosecutor is proposing.
As a victim in this case, you have the right to be made aware of the terms and conditions of the proposed plea agreement
and to give your input. Please read the proposal carefully and if you have any questions or concerns, please contact
name.
The next scheduled hearing is date/time, at which time the defendant may enter a plea of guilty based on this proposed
plea agreement. You have a right to attend the plea hearing and voice any objection you have to the proposed plea
agreement. If you cannot attend the hearing, you can still ask the prosecutor to notify the court of any objections you
might have to the proposed disposition of the case.
The defendant does not have to accept the proposed offer, however, in the event that the defendant accepts this plea
agreement, there will not be a jury trial held in this case.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Enclosure
Page 12
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you that the defendant in the above-referenced matter pled guilty to charge(s) on date. As part of a
plea agreement, the charge(s), were dismissed.
Because of the defendant’s guilty plea, there will be no trial in this case. Sentencing in this matter has been set for
date/time. The judge has ordered that a pre-sentence investigation report be prepared by department name. The purpose
of the pre-sentence investigation report is to inform the judge about the crime, the defendant’s criminal and social history,
and how the crime affected you (emotionally, financially, and /or physically). You will be contacted by someone from the
department name prior to sentencing for input into the pre-sentence investigation.
You have a right to provide a victim impact statement to the court, either in writing, orally, or both. If you wish to provide a
victim impact statement to the court at the time of sentencing, please contact name at number. You can also request that
the prosecutor or an advocate read your victim impact statement on your behalf.
If you wish to make a request for restitution and have not done so, please complete the enclosed Affidavit of Restitution
and return to name as soon as possible. In order to be considered at the sentencing hearing, all information regarding
restitution must be received by the court administrator at least three business days before the sentencing hearing.
You will also receive a letter informing you of the defendant’s sentence at a later date.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Enclosure
Page 13
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you that the defendant in this case appeared on date, pleaded guilty to charge(s), and the other
charge(s) were dismissed as part of a plea agreement. The defendant is scheduled to appear for sentencing at the Name
County District Court on date/time.
As the victim of the crime, you have the right to be present at the sentencing hearing. You also have the right to submit a
victim impact statement, either orally or in writing, and the right to object to the plea agreement that has been reached in
this matter.
If you would like to submit a victim impact statement at the sentencing hearing, please contact name/me as soon as
possible. She/he/I can discuss the process with you and make arrangements to meet you prior to the start of the hearing.
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
Page 14
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you of the outcome in the above-named case in which you are the victim. The defendant appeared
on date, and, pursuant to a plea agreement, pleaded guilty to charge(s), and the other charge(s) were dismissed. The
judge sentenced the defendant to the following: (describe sentence in detail)
Jail time
Length of probation and contact information for the supervising agency
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 offender’s release from detention facility. If you wish
to be notified, you can register to receive automated notification regarding the offender’s 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
Page 15
Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you of the outcome in the above-named case in which you are the victim. The defendant appeared
on date, pleaded guilty to charge(s), and the other charge(s) were dismissed. The judge sentenced the defendant to the
following: (describe sentence in detail)
Length of incarceration
Stay of imposition of sentence
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 “victim support and resources” 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 offender’s release, you must make a request to the DOC by contacting the DOC Victim
Assistance Program at 800-657-3830. It is important to remember that release notification to crime victims is not
automatic—you 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
Page 16
Prosecution Notification Letters
NOTICE OF DECISION TO DISMISS CHARGE AGAINST PERSON ACCUSED OF DOMESTIC ASSAULT, STALKING, OR
CRIMINAL SEXUAL CONDUCT
Victim Name
Street
City, MN Zip
You are the named victim in the incident that occurred on date. Our office has decided to dismiss the charges against
Suspect name. I know this decision may be disappointing to you, but given the facts and circumstances surrounding this
incident, there does not appear to be sufficient evidence to prove to a jury beyond a reasonable doubt that Suspect Name
committed the crime. In particular: [Describe reasons for decision to dismiss charges.]
Even though criminal charges have been dismissed, you may want to consider seeking an Order for Protection (OFP) or
Harassment Restraining Order (HRO) against Suspect Name. You can get information about this process by contacting:
An OFP or a HRO may assist in keeping the offender away from you, as well as providing other relief. There is no cost to
filing for an OFP or an HRO given the acts committed against you described in the law enforcement report.
If you have questions or concerns about this matter, please contact name for further assistance.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
Page 17
Prosecution Notification Letters
Employer Name
Street
City, MN Zip
There is currently a criminal case being prosecuted by the Name City/County Attorney in which Victim Name is the named
victim.
During the course of the criminal proceeding, the victim may wish or be required to attend certain court proceedings.
Under Minnesota law, crime victims have the right to take a reasonable amount of time off from their work to attend
certain court proceedings without negative employment consequences. Specifically, there are three main provision that
provide protections to employees who are crime victims:
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 victim’s 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 employee’s 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 to 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 me.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
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Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you that an appeal has been filed in the above-entitled matter by the defendant/prosecutor.
The matter has been appealed based upon [discuss contested issues]. Enclosed is a copy of the briefs submitted by the
Name City/County Attorney’s Office and by the defendant. If you have questions about these issues or the process,
please call name at number.
Once an appeal has been filed, it may take several months for the matter to be resolved. In some cases, the process
includes the presentation of oral arguments by the attorneys directly to the Minnesota Supreme Court/Minnesota Court of
Appeals. Not all cases have oral arguments, but if an oral argument hearing is scheduled, you will be notified of the time
and place. [Or: Oral arguments have been scheduled for date/time at location.] As the victim in this matter, you have a
right to attend this hearing, but your presence is not required. If you wish to attend oral arguments, please contact name
at number for further information and directions.
Once the appeal has been decided by the Minnesota Supreme Court/Minnesota Court of Appeals, you will be notified of
the outcome.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
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Prosecution Notification Letters
Victim Name
Street
City, MN Zip
This letter is to inform you that the appeal that had been filed in the above-entitled matter by the defendant/prosecutor has
concluded.
In a decision released on date, the Minnesota Supreme Court/Minnesota Court of Appeals decided that [discuss details of
court’s decision]. A copy of that decision is enclosed.
If you have questions about the outcome of this appeal, please call name at number.
Sincerely,
Name
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
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Prosecution Notification Letters
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Prosecution Notification Letters
VICTIM INPUT
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
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 sheriff’s
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.
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Prosecution Notification Letters
You have a right to be notified of the developments of this case and the outcome of the
sentence, even if you do not have a specific request related to how this case should be
decided. If you do not wish to receive information or notifications about the case, you can
specify here.
You may provide a statement to the court about the impact of the crime. You have a right
to submit this statement in writing, orally, or both. You may choose to have the prosecutor
or victim advocate read the statement to the court for you at the sentencing hearing. You
may submit this statement now or submit it later at the scheduled sentencing hearing in the
event the defendant pleads guilty or is found guilty at trial.
You can describe the impact that this crime has had on you below or attach a separate
written or typed statement to this form.
NOTE: If found guilty and a pre-sentence investigation (PSI) is ordered, would you like this impact statement
forwarded to the name agency for its information? (If not, you may receive another Victim Impact Statement
form from name agency to complete.) ____ Yes ____ No
PLEASE RETURN THIS FORM TO NAME OFFICE, STREET, CITY, MN, ZIP.
You may want to retain a copy of this form and any supporting documentation for your files.
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Prosecution Notification Letters
Plaintiff
vs. Affidavit for Restitution
Minn. Stat. §611A.04
,
Defendant
I declare under penalty of perjury that everything I have stated in this document is true and correct.
Dated:
Signature
County and State Where Signed: Name:
Address:
_____________________________ City/State/Zip:
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.
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Prosecution Notification Letters
MEDICAL EXPENSES:
Description of expense Amount
$
$
$
$
$
OTHER:
Description of expense Amount
$
$
$
$
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Prosecution Notification Letters
OTHER INFORMATION:
Restitution is determined by the judge based on this affidavit and any documents you
submit. It will help the name city/county attorney’s office represent and prove your request
for restitution to the judge if you provide supporting documentation for all items listed.
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
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.
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Prosecution Notification Letters
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 Attorney’s Office.
VICTIM INFORMATION
Name: ______________________________________________________________
Address: _____________________________________________________________
Email: _____________________________________________
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 attorney’s 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.
Important: These post-conviction proceedings do not occur in all cases, and some of them are relatively rare events. If you
have any questions, contact victim/witness coordinator, prosecutor, or other designated person about how these
proceedings are initiated, the frequency with which they occur, and when they are likely to occur.
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
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Prosecution Notification Letters
POST-CONVICTION NOTICE 2
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-conviction proceedings will occur, please submit this
form to the County Attorney’s Office.
VICTIM INFORMATION
Name: ______________________________________________________________
Address: _____________________________________________________________
Email: _______________________________________________________________
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: _______________________________________
________________________________________________________________________________________
If you do not submit this form, you will not receive notification of any post-conviction
proceedings.
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Prosecution Notification Letters
Victim Name
Street
City, MN Zip
Our records indicate that you were the victim of a crime that occurred on Date. Defendant name was
convicted of the crime of Charge list on Disposition date.
The purpose of this letter is to inform you that Defendant name has filed a petition to expunge (seal) law
enforcement and court records regarding this criminal case. The expungement hearing is set for the
following:
Date, Time
Name County Courthouse, Courtroom Number
Judge Name
You have a right to attend this hearing and a right to submit an oral or written statement to the court. In that
statement, you can describe the harm you suffered as a result of the crime and provide your
recommendation to the court as to whether expungement should be granted or denied. If you are unable or
would prefer not to attend this hearing but would like the court to consider your input when making its
decision, you can submit your statement to the court by delivering it in person or by mailing to the following:
Be sure to include in your statement: your name, the defendant’s name, and the case number. We would
also like to know of your position on the expungement petition, so please provide a copy to us as well.
If you intend to appear at this hearing, please notify our office before the court date. On the day of the
hearing, please arrive at the courtroom at least 15 minutes prior to the start of the scheduled proceeding and
[describe the process for checking in with prosecutor, bailiff, and/or other court personnel].
Please contact me if you have any questions or concerns about this case.
Yours truly,
Name,
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
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Prosecution Notification Letters
Victim Name
Street
City, MN Zip
Our records indicate that you were the victim of a crime that occurred on Date. Defendant name was
convicted of the crime of Charge list on Disposition date.
The purpose of this letter is to inform you that Defendant name has filed a petition to expunge (seal) law
enforcement and court records regarding this criminal case. The expungement hearing is set for the
following:
Date, Time
Name County Courthouse, Courtroom Number
Judge Name
You have a right to attend this hearing and a right to submit an oral or written statement to the court. In that
statement, you can describe the harm you suffered as a result of the crime and provide your
recommendation to the court as to whether expungement should be granted or denied.
If you are unable or would prefer not to attend this hearing but would like the court to consider your input
when making its decision, you can submit your statement to our office and we will provide a copy to the
court, or you can send a copy of your statement directly to the court. On any written statement, be sure to
include your name, the defendant’s name, and the case number.
If you intend to appear at this hearing, please notify our office before the court date. On the day of the
hearing, please arrive at the courtroom at least 15 minutes prior to the start of the scheduled proceeding and
[describe the process for checking in with prosecutor, bailiff, and/or other court personnel]. If you plan to
submit a statement at the hearing, be sure to check in with court staff and inform them you wish to give a
statement during the petition hearing.
Please contact me if you have any questions or concerns about this case.
Yours truly,
Name,
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
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Prosecution Notification Letters
Attorney Name
Street
City, MN Zip
We have been notified that you represent victim name, who is the victim in the above-named criminal case.
This office is required to provide written notices and communicate directly with the victim on matters related
to the criminal case. Under the rules of professional responsibility, however, we are unable to do so with a
represented victim.
The purpose of this letter is to inform you of the criminal matter and request that you allow our office to have
contact with your client for the purposes of complying with our statutory obligations.
Attached is a form on which you authorize communication with your client by our office. You can also identify
whether or not you would like to receive copies of any notices or correspondence.
Without this written permission from you, all correspondence and written/oral notices for the victim from this
office will be directed to you. We ask that you provide the notices and information to your client in a timely
fashion. Failure to do so may result in the victim not being able to fully exercise his or her statutory crime
victim rights.
Please contact me if you have any questions or concerns about this request or this case.
Yours truly,
Name,
Title (victim/witness coordinator, prosecutor, or other designated person)
Telephone number
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Prosecution Notification Letters
I give permission to the Name Prosecutor’s Attorney’s Office to communicate with my client without any
restrictions for the purpose of providing support, assistance, and statutorily required notices and information
to the victim through the prosecution of the defendant.
______________________________________ _______________________________
Attorney Signature Date
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Prosecution Notification Letters
I give permission to the Name Prosecutor’s Office to communicate with my client without any
restrictions for the purpose of providing support, assistance, and statutorily required notices and
information to the victim through the prosecution of the defendant.
I give permission to the Name Prosecutor’s Office to communicate with the following qualifications:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
______________________________________ _______________________________
Attorney Signature Date
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