Victim Rights

As a Crime Victim, you May Have Certain Rights.

The investigating officer at the scene of your event will have already explained those to you but, that includes the right to be notified of important stages of the pending criminal case being prosecuted by the Dunn County State's Attorney.

Those event notifications are posted below for ten (10) business days after we receive them. The Defendant's name and case number are listed as well as the event date and time scheduled. The list is updated hourly (9 AM thru 4 PM MT on Monday-Friday, excluding holidays or vacation time) as the court notifies us of the trial, hearing or event. In Dunn County, because of limited resources, we have opted to provide victim notifications of pending hearings/events by electronic means. You must provide your email address and reliable telephone number to our office at the earliest time possible. We will attempt to contact you before a scheduled event but, ultimately, it is your responsibility to keep in contact with our office for these notifications if you want them in a timely manner.

By ND Supreme Court Rule, NDRCrimP 5, the Defendant must be presented before a Magistrate in a prompt manner after their arrest. In the Southwest Judicial District, these appearances (as well as bail condition hearings) are held on Mondays at 1:30 PM MT, Wednesdays at 10:00 AM MT, and Fridays at 10:00 AM MT. Of course, these dates/time do, occasionally, get changed to accommodate holidays, bad weather and judicial schedules. Regardless, these are constitutional rights that pertain to the accused and, they cannot be waived. Therefore, if you want to have any input into these bail conditions, you must contact our Victim Witness Advocate substantially before the hearing date and time to insure that we are advised of that. Our office hours are 9 AM thru 4 PM MT, Monday thru Friday.

Of course email directed to dcsa@dunncountynd.org  is available 24/7 and is the superior way to get input. In setting bail conditions, they may include no contact with you or any other 3rd person and not to enter/remain on any premises deemed necessary to protect victims/witnesses. We routinely ask for those conditions on any assault or property damage case but, if you want any input on any other special conditions, you need to take prompt action.

If you have any questions, call (701) 573-5933 and ask for the Victim-Witness Advocate, Amy North.

24/7 Sobriety Program: The Defendant has been ordered to participate in this monitoring program, either as a condition of bail or probation, to insure that they are not using either alcohol or drugs.  

Affidavit: A sworn statement made before the court.

Bench Warrant Issued: The court has issued a formal order to arrest the Defendant and, the warrant has bail conditions set therein.

Bench Warrant Served: The court's warrant has been served on the Defendant and, they have been arrested.

Bench Warrant Withdrawn: The court has recalled a previous arrest warrant.

Case Closed: This particular case has been resolved and no further action is necessary at this time.

Case Filed: A new criminal case has been filed in the court by the State's Attorney.

Citation: A uniform traffic summons issued by the arresting officer. Once the State's Attorney approves the charge contained therein, it is the "charge" on all misdemeanor or infraction offenses.

Complaint: A formal written charge filed by the State's Attorney and may charge an infraction or misdemeanor but, must be filed in order to charge a felony offense.

Continuance: Some matter, previously set for hearing, has been continued to another date and time.

Criminal Judgment: The official court order setting out the terms of Defendant's sentence, probation, fine(s), fee(s), costs, restitution, incarceration and/or deferral.

Criminal Summons Returned: A criminal summons (order to appear or file a response) issued by the court was not successfully served on the Defendant.

Deferred Imposition of Sentence: Although the Defendant has pleaded guilty, the court has deferred any conviction, imposed a term and conditions of probation and, at the successful close of the term of probation, the file will be sealed and the Defendant have no record of any conviction.

E-Conviction Transferred to DOT: Notice of a guilty plea, or conviction, of an administrative traffic matter has been sent to ND Department of Transportation.

Exhibit: A document or other physical item of evidence has been filed with the court.

Failure to Comply Warrant Issued: The Defendant has failed to comply with an order of the court and a warrant for his/her arrest issued.

Information: A formal written charge which must be filed in all felony cases after preliminary hearing is held.

Initial Appearance: The Defendant's first appearance before the court on his/her charges, where they are "arraigned" (the charges explained to them) and bail conditions are set.

Letter: Someone has sent a letter to the court and it has been filed in the official record.

Notice of Appearance: The court's acknowledgement of an appearance by the state, Defendant or defense counsel.

Notice of Hearing: The court has set a formal date and time for hearing some issue which has arisen in the case.

Notification of Rights and Acknowledgement: The court has informed the Defendant of their constitutional rights and they have acknowledged that.

Notice of Scheduling Order: The court has entered an order compelling the state or Defendant to complete discovery, file pre-trial motions, or perform some other function.

Order: An official pronouncement of the court has been filed.

Order Specifying Conditions of Release: The court's order setting a Defendant's pre-trial release, commonly referred to as "bail".

Order to Transport: The court has issued its order to produce an incarcerated Defendant in open court at a hearing.

Preliminary Hearing: A felony case has been set for an appearance where the state must demonstrate that it is more likely than not that a crime was committed in our jurisdiction and the Defendant was somehow involved.

Proposed Judgment: Either the state or the Defendant has filed a proposed judgment with the court. It does not become an official record of the court until the Judge approves and signs it.

Report of Evaluation: The Defendant has filed a written report of his/her evaluation by a substance abuse professional. This record is sealed.

Returned Mail: Official, written correspondence from the Court Clerk has been returned undeliverable.

Rule 16 Discovery Request: Either the state or Defendant has filed a formal request for discovery.

Sealed: Something filed in the court's official records which has either been sealed by statute or judicial order and not subject to public inspection.

Service Document: Either the state or Defendant has filed a notice that they have served (formally delivered) something to the opposing party.

Sheriff's Return Not Served: The Sheriff was not successful in serving a summons or warrant on the Defendant.

Sheriff's Return Served: A warrant for Defendant's arrest has been served, he/she taken into custody and an Initial Appearance set.

Tax Intercept Update: Information pertaining to interception of the Defendant's tax proceeds to satisfy outstanding costs.

Waiver of Plea Hearing and Plea Pursuant to Rule 43: The Defendant has filed a written waiver of rights and entered a plea of guilty.

Waiver, Acknowledgment of Rights, Not Guilty Pleas, and Waiver of Appearance: The Defendant has waived their rights, pleaded not guilty and waived their appearance in court in-person.