Seniors Legal Rights
Protection Under the Law
Crime Victims’ Rights
Diminished physical, financial, and mental capacities can make seniors particularly vulnerable to crime. Minnesota’s Victims Rights Act provides crime victims with the following rights:
Right to be Notified of:
- What your rights are as a crime victim;
- The content of a prosecutor’s plea agreement recommendation;
- When you are required to testify; the date, time, and place of hearings; and changes in court schedules;
- The final disposition of the case;
- The offender’s release, transfer, or escape from incarceration and the offender’s subsequent apprehension;
- In a domestic assault/harassment matter, a decision to not file a criminal complaint.
Right to Participate in Prosecution:
- To request a speedy trial;
- To have input in a pre-trial diversion program (for specific crimes against persons);
- To object to a plea agreement made by the perpetrator;
- To attend sentencing or disposition hearings;
- To give written or oral response to the proposed sentence or disposition;
- To inform the court of the impact the crime has had in your life (at the pre-trial and sentencing or disposition hearings);
- To receive restitution for financial losses directly related to the crime;
- To request a probation review hearing if the offender fails to pay restitution as ordered;
- To address the Pardons Board and make a recommendation as to whether a pardon should be granted the defendant.
Right to Protection from Harm:
- Tampering with a witness is a crime in Minnesota. If you are threatened, coerced, or feel pressured, call your local law enforcement agency immediately and notify the county prosecutor’s office;
- Victims have the right to a secure waiting area during court proceedings;
- Victims or witnesses may object to providing their address in a court proceeding;
- Employers may not discipline or discharge victims or witnesses who are called to testify in court;
- Victims of criminal sexual conduct may ask the prosecutor to request that the court order the convicted offender to submit to testing for the virus that causes AIDS. Test results are available, on request, to the victim or their parent or guardian. This is a right that is available only if certain conditions occurred during the commission of the crime. The prosecutor or the victim and witness coordinator can discuss these conditions with you.
- Victims of domestic assault, criminal sexual conduct, or stalking have a right to receive notification from the prosecutor if a decision is made not to prosecute or if the charges filed against the defendant are dismissed. If charges are dismissed, a record must be made of the specific reason for the dismissal. The prosecutor shall inform the victim as to how to obtain an order for protection, which a victim may obtain free of charge.
Assistance for Crime Victims
Victims of violent crime may request reparations from the Reparations Board for out-of-pocket costs of counseling, medical care, transportation, child care, and other expenses which are directly related to the crime committed against you. The Reparations Board can compensate only those victims who have reported the crime to the police within 30 days of its occurrence and who have cooperated fully in the apprehension and prosecution of an offender.
Minnesota Department of Public Safety
Office of Justice Programs
Crime Victims Reparations Board
445 Minnesota Street, Suite 2300
St. Paul, MN 55101
(888) 622-8799 or (651) 201-7300
www.dps.mn.gov/divisions/ojp
The Minnesota Center for Crime Victim Services oversees the delivery of crime victims services in Minnesota. If you have questions or need specific information regarding services available to seniors who are victims of criminal acts, the Center for Crime Victim Services can assist you. The Center can also identify the victim service provider in your area who can assist you. The Center publishes, at no cost to the victim, informational brochures helpful to crime victims.
Minnesota Department of Public Safety
Office of Justice Programs
Crime Victim Services
445 Minnesota Street, Suite 2300
St. Paul, MN 55101
(888) 622-8799 or (651) 201-7300
www.dps.mn.gov/divisions/ojp
The Crime Victim Justice Unit monitors compliance with victims’ rights mandated by state law. The Ombudsman receives and investigates complaints from victims who believe that their rights have been violated or that they have been mistreated by people within the criminal justice system.
Minnesota Department of Public Safety
Office of Justice Programs
Crime Victim Justice Unit
445 Minnesota Street, Suite 2300
St. Paul, MN 55101
(888) 622-8799 or (651) 201-7300
www.dps.mn.gov/divisions/ojp
