Unlike on TV, it is not up to the victims of crimes to decide whether charges are pressed. But crime victims do have an entire Bill of Rights, which is codified in chapter 611A of Minnesota’s statutes. For example, victims have the right to be notified of hearings and releases from incarceration, and to request restitution.

Perhaps most significantly, victims have the right to be heard and to participate in the criminal justice process at many critical junctions. This ensures that victims’ voices are a driving force throughout the process and that they are not ignored after their lives are irreversibly altered by the actions of another. This blog highlights eight points during the criminal justice process where victim input can substantially affect outcomes.

1. Victim input influences the direction of law enforcement’s investigation.

Victims are often among the first people that law enforcement talk to when investigating a crime. What a victim reports, any witnesses they can point to, or other evidence they provide will substantially influence the investigation.

2. Victim input can substantially speed up the trial process.

After a prosecutor formally brings charges, victims can influence the trial process by requesting a speedy trial. If the victim requests this, the prosecutor must, if reasonably possible, ask the court to hold trial within 60 days of the omnibus hearing.

3. Victim input may make or break any pre-trial diversion or plea deal.

Prosecutors must make reasonable efforts to seek a victim’s input regarding any type of plea deal. While the prosecutor is not obligated to follow the victim’s wishes, the input can be highly persuasive.

4. Victim testimony at trial is often required for the State to prove its case.

If the case continues to a trial, the victim is often the most important witness. In fact, if the victim does not show up, many times the case cannot continue. This is because all people accused of a crime have a constitutional right to confront and cross-examine the witnesses against them. If the victim is not at trial, then the accused cannot question their honesty or accuracy of their observations.

5. Victim impact statements can be highly persuasive during sentencing.

After trial, if the defendant is found guilty, victims have the right to submit victim impact statements to the court. These statements will be considered in deciding how much punishment is appropriate. The victim may show up to personally testify or write a letter and have the prosecutor read it on their behalf. The victim may also object to any deal offered by the prosecutor.

For certain sex offenses, victims also have the right to request that the offender be subjected to HIV testing.

6.Victims can request revocation of probation in certain circumstances.

A crime victim also has the power to request revocation of a defendant’s probation if the defendant fails to make any restitution payments ordered by the court. A victim may also report any other observed probation violations, such as ignoring a no contact order or no use of controlled substances requirement.  

7. Victims may influence the risk level assigned to a predatory offender.

When a predatory offender is set to be released from prison, victims have the right to provide input to the committee that decides on what risk level the offender will be assigned. This risk level can significantly impact the offender’s life after release.

8.  Victim input may persuade a judge to grant or deny expungement.

Victims have the right to be heard when a defendant seeks expungement of certain criminal records. This input can impact how long a person’s criminal record will remain publicly accessible, continuing to impact access to jobs, housing, and other life goals.

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If you or someone you know has been accused of a crime in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.