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Most of the time, restitution cannot be ordered for the victim if the case is dismissed or the defendant is found not guilty.
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The Court automatically issues a No Contact Order in cases involving Domestic Violence, Sexual Abuse, Stalking and Harassment. If you are the victim of some other type of crime the court cannot issue a No Contact Order. However, the Court can issue a Condition of Release, which states the defendant cannot have contact with you.
Victims can request to have a Civil Order of Protection put in place in situations in which there has been violence or the threat of violence in a domestic relationship or between adult family members that reside together. This can be done at the Civil Clerk of Court’s Office at the Linn County Courthouse.
No, only the victim is listed as the protected party in the No Contact Order in the criminal case. If you would like to include your children, you must file for a civil Order of Protection through the Linn County Civil Clerk of Court.
First, you must attend the Domestic Abuse meeting at the Linn County Attorney’s Office scheduled for you by law enforcement. If the charge is a simple misdemeanor, you will fill out a form explaining why you would like the No Contact Order canceled and then the attorney will take it to a judge to be approved. If the crime is a serious misdemeanor, aggravated misdemeanor or a felony, you will have to sign a form requesting a hearing to cancel the No Contact Order. You will then have to appear in court on the date of the hearing and the judge will rule if the No Contact Order can be lifted. These hearings are usually scheduled 2 to 3 weeks in the future.
Victims of Sexual Abuse can file for a Protection Order through the Linn County Clerk of Court.
Once charges have been filed by the Linn County Attorney’s Office, the State of Iowa is the one "pressing charges," not the victim. The resolution of the case is at the discretion of the attorney assigned to the case.
The process can vary greatly in length of time with the lesser offenses coming to a conclusion within 2 to 4 months and the more serious offenses can take as long as 2 to 3 years.
It is possible that no trial dates or sentencing dates have been scheduled, or we have not received your Victim Packet requesting to be a "registered victim." If you did not receive your Victim Packet or have moved since the case began, please contact the Victim/Witness Coordinator assigned to your case.
No. Please contact a Victim/Witness Coordinator to discuss the situation and provide your new contact information.
Unfortunately, a trial date being reset is a common occurrence in the criminal justice system and happens for many different reasons. Factors that can influence how quickly a case is resolved can be as simple as trying to coordinate the schedules of attorneys, witnesses and the Court. If you have questions about the specific case you are involved in please contact the Victim/Witness Coordinator assigned to your case.
A subpoena is a court order for a specific date and time that you are required to appear to give testimony regarding a case.
Talk with your employer and show him/her your subpoena. Employers are required to give you time to honor your subpoena by appearing in court, however they are not required to pay you for the time you miss work. If you do not appear, you may be subject to contempt proceedings.
A deposition is an opportunity for the defense attorney to ask questions of all of the witnesses involved in a case in order to prepare for trial. All depositions are taken under oath, normally in a conference room and with a county attorney present. There is no Judge or jury present for depositions.
This depends greatly on what the defendant is charged with but in general, you can claim losses directly related to the crime committed. In addition, if you have filed an insurance claim, please include that information on your Victim Restitution Form along with your deductible amount. If you have any questions about restitution please contact the Victim/Witness Coordinator assigned to the case.
No. In a criminal case a victim is not entitled to receive a monetary amount for pain and suffering. Only out-of-pocket expenses can be reimbursed.
At the sentencing hearing, victims have the right to make a Victim Impact Statement to the Judge. The statement should be written out and either read by the victim or the Victim/Witness Coordinator. It should include how this crime has affected your life and what changes you have had to make. It should also include what you feel is an appropriate punishment for the defendant. The Victim/Witness Coordinator assigned to your case can help you prepare your Victim Impact Statement.
Once the defendant has been sentenced and ordered to pay restitution, they will be required to make monthly payments to the Clerk of Court. The Clerk of Court will then mail the check to you, the victim. If your address changes you will need to contact the Victim/Witness Coordinator to inform them of your new contact information.
If the defendant has missed three consecutive payments, they may be subject to a contempt proceeding. You can contact the Victim/Witness Coordinator assigned to the case to inform us you have not received restitution.