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1. Can you provide me with legal advice?

No. The Mille Lacs County Attorney’s Office is prevented by law from answering legal questions or offering legal advice to private citizens. We do offer some resources for where you can obtain legal assistance or learn more about legal matters. Legal information and resources are also available via the Minnesota Judicial Branch Self Help Center and LawHelp Minnesota.

2. I received a subpoena; what does it mean?

A subpoena is a court order requiring the recipient to testify in court. Witnesses are subpoenaed because they have relevant information regarding an alleged crime, and their testimony is essential to the outcome of a case. Employers and schools must allow persons who have been subpoenaed to respond without penalty.

3. What happens if I do not respond to a subpoena?

Because a subpoena is a court order, you are required to appear unless released by the attorney who issued the subpoena. The judge has the authority to issue arrest warrants for witnesses found in contempt of court for failing to respond to a court order. Lack of transportation to court is not an excuse for release from a subpoena; not responding to a court subpoena can result in criminal charges.

4. I have responded to a subpoena; what can I expect in court?

Court can be slow and monotonous. Both the time of a witness' appearance and the duration of a particular proceeding can be difficult to predict for a number of reasons. Be prepared to spend time waiting to testify.

5. I already gave a statement to law enforcement; why do I have to testify in court?

The Constitutions of the United States and the State of Minnesota guarantee each defendant the right to face his or her accusers. The Mille Lacs County Victim Witness Coordinator can also answer any further questions regarding testifying in court.

6. As a victim or witness, do I have to go to court?

Crime victims and witnesses are not required to go to court unless subpoenaed. However, victims of a crime committed by an adult offender have the right to attend any hearings. Many juvenile hearings are closed to the public. The Victim Witness Coordinator is available to explain the proceedings and/or escort you to the courtroom.

7. I am a victim of a crime; how do I drop the charges?

Many people incorrectly believe that a victim has the power to press charges or drop charges. All crimes are considered offenses against the State, not solely against the victim. 

The Mille Lacs County Attorney’s Office prosecutes criminal complaints on behalf of the State of Minnesota. Only the attorney prosecuting the case can decide to file or dismiss charges, although the victim’s voice is important in that decision. Many factors are considered when deciding whether to honor a victim’s request not to proceed with prosecution, including: 

• The nature and extent of the defendant’s criminal history
• Risk of danger to the community
• The severity of the alleged crime
• Whether the defendant has other pending charges

Victims may speak with the Victim Witness Coordinator about their feelings and/or wishes regarding whether or not a case moves forward.

8. What is the difference between restitution and reparations?

Restitution is the financial responsibility of the defendant to the victim, and is only available if the defendant is convicted of a crime and the judge orders it be paid. It may only be ordered for expenses directly related to the crime, including property losses. 

Reparations are financial assistance from the government, and are available to victims of violent crime regardless of whether the case is charged or the offender is convicted; however, reparations are only available for violent crimes reported to law enforcement. 

More information is available from the Crime Victims Reparations Board. If a victim is identified in a criminal case, they will receive information by mail from the Victim Witness Coordinator that includes a restitution affidavit. If you need additional information about restitution or an application for reparations, contact the Victim Witness Coordinator.

9. What is the difference between bail and bond?

Bail is a deposit of money to secure a defendant’s release. Bail is held by the court and may be forfeited if the defendant fails to make future court appearances, breaks the law, or violates conditions of release. 

Bond, also known as bail bond, is paid by a third party (often a bail bondsman) in a contractual agreement with the defendant when the defendant is unable to afford bail.

10. Who do I contact regarding a landlord/tenant issue?

Contact the Attorney General’s Office at 800-657-3787. The website contains links to a number of valuable resources and provides information about obtaining publications that explain the rights and responsibilities of both landlords and tenants. Other publications address issues unique to mobile home parks. Another excellent resource is the Minnesota Courts Self-Help Center.

11. How do I determine if a defendant is still in custody?

You will need the name of the defendant; date of birth is helpful, if known. There are a few websites available that can be used to track defendants who may be in custody:

• For defendants in custody in Mille Lacs County, view our In-Custody Report.
  
• For offenders in state prison. search the Minnesota Department of Corrections offenders.
• For offenders in most Minnesota jails, use VINELink.

Crime victims may also receive a document from the Mille Lacs County Victim Witness Coordinator, informing a victim of sentencing information related to a defendant’s custody status.

12. How do I obtain a copy of a police report?

Contact the police agency that created the report to request a copy. Please be aware that strict data practice laws govern the release of information related to an ongoing investigation or information related to minors.

13. I have been called for jury duty; what do I do?

For information regarding jury duty, please visit the Minnesota Judicial Branch's Jury Service.

14. How do I contest or pay a traffic ticket?

Information about traffic tickets is available from Mille Lacs County Court Administration at 320-983-8313 or by making a payment on the Minnesota Judicial Branch's Payment Portal.