Rice County, Minnesota: How Do I

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Attorney

How do I find an attorney to represent me?

The County Attorney's Office cannot make recommendations regarding private attorneys. You can search the yellow pages, call the Minnesota Attorney Referral Service at 1-800-292-4152, or go to the Minnesota State Bar Association website at www.mnbar.org. If you need a public defender, you must apply through the Rice County Court Administrator, 507-332-6107.

http://www.mnbar.org

How do I obtain copies of criminal reports?

As a general rule, reports and records are maintained by the department that generates them. Official copies of criminal reports are maintained at the Law Enforcement Center or Police Department records sections, so your first request should be directed to your local law enforcement center. The records section may have to refer you to us if data privacy issues exist, and in that case we will do our best to help you.

Who do I call regarding a consumer protection problem?

You should contact the Consumer Affairs Division of the Attorney General's Office at 1-800-657-3787 or visit their website at www.ag.state.mn.us. For complaints about businesses, try calling the Commerce Department at 1-800-657-3602.

http://www.ag.state.mn.us

Who do I call regarding a landlord/tenant issue?

You should contact the Attorney General's Office at 1-800-657-3787 or visit their website at www.ag.state.mn.us. The website provides links to a number of valuable resources, and provides information about obtaining publications explaining the rights and responsibilities of both landlords and tenants. Other publications address issues unique to mobile home parks. If you wish to report unsafe conditions in a rented apartment, you can call the Faribault Housing Inspector at 333-0378 or Northfield Building Inspector at 645-3004.

http://www.ag.state.mn.us

Who do I call regarding bankruptcy?

You should seek private counsel, or call the U.S. Bankruptcy Court, District of Minnesota, Third Division, in St Paul at 651-848-1000. Visit their website at www.mnb.uscourts.gov.

http://www.mnb.uscourts.gov

Can I report a crime to the County Attorney's Office?

The crime should be reported to the police department in the city where the crime was committed. If the crime was committed in a township, the crime should be reported to the Rice County Sheriff at (507)332-6022 (from Lonsdale call (507)744-5185, from Northfield call (507)645-9576) or if it is an emergency call 911.

How does a judge decide a sentence?

If the crime is a felony, the sentencing judge must apply the Minnesota Sentencing Guidelines which give a presumptive sentence that a defendant should receive based upon the seriousness of the crime and the defendant's criminal record. When a probationary sentence is called for by the Guidelines, a judge may impose county jail time, fines, treatment, restitution, or other requirements as conditions of probation. Before sentencing, a pre-sentence investigation may be prepared which includes a social history of the defendant, criminal history of the defendant, victim impact and other information and recommendations. The prosecutor and defense attorney also may make recommendations to the judge regarding sentencing.

If the judge is sentencing a defendant for a misdemeanor or gross misdemeanor offense, the judge relies on the judge's experience and past sentencing practices. Occasionally, there is a mandatory minimum sentence that is required. There are no sentencing guidelines for misdemeanors or gross misdemeanors.

I am a victim. How can I be compensated for my loss?

The sentencing judge as a condition of the defendant's probation or prison term can order restitution (payment of financial losses). Your request for restitution must be in writing; it must list the items for which you are requesting restitution, the dollar amount requested, and the reasons for your request. The Rice County Attorney's Office will assist you in preparing your restitution request. Your request must be signed and submitted to the "Clerk of Court" at the courthouse where the sentencing will be held. If you need additional information about your restitution request, please contact our Victim Witness Program. You or others may be eligible for compensation for some of your economic loss from the Minnesota Crime Victims Reparations Board. Economic loss may include medical-related expenses, psychological-related expenses, loss of income, childcare services, loss of support, and burial expenses. This board can only pay restitution for person crimes such as murder, assault and robbery. They cannot pay for property crimes such as criminal damage to property, theft, or forgery. For further information contact:

I am a victim in a domestic violence case. Can I drop the charges?

The decision to drop charges in any criminal prosecution is made by the prosecutor. The victim has the right to let the prosecutor know at any time their feelings. However, the victim's wishes alone do not dictate whether or not a case will be filed or dismissed.

What do I do before trial?

As a victim or witness, your cooperation with the prosecutor and law enforcement is essential. You may be contacted for further information. You will be informed by the County Attorney's Office of any special things you should do pending trial. If you change your address or phone number, please contact the County Attorney's Office as soon as possible.

In rare instances, the defendant or others attempt to influence the victim or witness through threats or coercion. Tampering with a witness is a crime punishable as a felony offense. Any concerns, threats or property damage you have should be reported immediately to your local law enforcement agency and our office.

What happens at trial?

The trial may be before a jury of twelve people or a judge alone if the defendant so requests. The trial begins with both sides having an opportunity to make an opening statement on the facts they expect to prove. The prosecutor then presents the State's case by using witnesses and exhibits. When the prosecutor has finished, the defense attorney may given an opening statement if it has not already been given. The defense attorney then may present a case using witnesses and exhibits. The defendant is not required to prove anything. The defendant is present in the courtroom during the entire trial. The defendant can decide not to testify. Once the defense has completed its case, both sides are allowed to make closing arguments, with the prosecutor going first. The judge or jury will then review the evidence they have heard and make a decision of guilty or not guilty. The prosecutor beyond a reasonable doubt must prove the defendant guilty. All jurors have to agree on the verdict.

What happens next in a criminal case?

When a Complaint (criminal charging document) is issued by the County Attorney's Office and signed by a judge, the defendant is scheduled for a first appearance in Court. A judge will then insure that an attorney represents the defendant. The judge also decides whether the defendant should be required to post bail or be released without bail. If the defendant doesn't post bail the defendant remains in jail. If requested, an Omnibus (pretrial) Hearing is scheduled. At the Omnibus Hearing, a judge decides what evidence may be used and whether there is enough evidence for the case to go to trial. Testimony from victims and witnesses is usually not necessary at the Omnibus Hearing. After the judge decides the Omnibus Hearing issues, the trial is scheduled. The trial usually is scheduled within six to eight weeks unless the defendant asks for or agrees to a trial at a later date.

The law requires counties to offer some offenders the option to participate in a diversion program rather than continuing through the court system. Certain first time property offenders may be eligible for the Rice County Adult Criminal Diversion Program. The goals of diversion include creating an incentive for offenders to change their behavior, ensuring full and prompt payment of restitution to crime victims, holding offenders accountable to society, and reducing costs associated with the criminal justice system.

Why are some defendants not in jail after they have been arrested and charged?

Under the laws of the United States and Minnesota, a defendant is presumed innocent until proven guilty. A defendant's release on his promise to appear at future court appearances is common. If the court determines that the defendant is unlikely to appear at future court dates or is a threat to public safety, bail or special conditions of release, such as no contact with victims or witnesses, may be imposed. Bail is a deposit of money held by the Court which can be forfeited if the defendant fails to appear in Court, breaks the law, or violates the conditions of release. You should notify the prosecutor of any concerns you have regarding a defendant's release or known violations of a defendant's release conditions.

Will I have to testify?

Testimony of victims is usually not required until the trial. Whether you will have to testify will be determined at the time of trial. The case may be settled through plea negotiations. This usually means no testimony from victims or witnesses is necessary. If your testimony is needed, you will receive a subpoena or notice to appear telling you where and when to appear. A victim has a right to give a statement at sentencing. Additional information will be sent to help you prepare for your court appearance.

Will this case go to trial?

Only a small percent of criminal cases go to trial, but many are set for trial. In most cases, the defendant pleads guilty. A plea negotiation is an agreement between the prosecutor and defense attorney to settle a criminal case by a plea of guilty or other appropriate disposition without a trial. A plea agreement is a way of settling a criminal case whenever it appears that the interest of the public, the victim, and the effective administration of criminal justice will be served without a trial.

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