FAQs

District Attorney - Victim Services

• Can I have a No Contact Order dropped or modified?

  The number one priority for the District Attorney’s office and the court is victim safety. In just about every single criminal case a No Contact order will be in effect. If you feel a No Contact Order placed on the defendant prohibiting them from having any contact with you while the criminal case is open is unnecessary, there is a process to go about requesting a change. Room 107 in the Linn County Courthouse is court operations, they have a specific form you can fill out. Make sure you have your ID with you, once you fill it out turn it in down the hall at the District Attorney’s Office. From that point it will go to the assigned Deputy District Attorney to object or approve. If they object to it a hearing will be scheduled - that will give you the opportunity to come in and tell a judge why you think contact should be allowed. You must appear for this hearing or your request will automatically be denied.

• Can I request restitution for pain and suffering?

  No, the Judge in a criminal court cannot order restitution for such things. Those terms are usually referring to civil suits. Contact an attorney for more information about suing someone civilly.

• I am concerned the information in the police report isn’t accurate or I have information to add. How do I do this?

  Contact the law enforcement agency that took the initial report and ask to speak with them for an additional report. Or, you can write a letter to our office and we will make sure it is shared with the defense and it will be part of the case file.

• I want a copy of the police report but when I requested it I was told I couldn’t have it?

  Law enforcement agencies generally don’t release police reports of cases that are open criminal matters. You can request a copy of the reports from our office 30 days after the case is adjudicated or closed.

  If you are a victim of a DUII automobile collision case, you have the right to have the same information as the defendant so in that situation we would be able to provide you with those reports even if the case has not been adjudicated.

• I’m the victim and I don’t want to press charges, can I have them dropped?

  It is the responsibility of the District Attorney or Deputy District Attorney to criminally charge a defendant. The victim cannot press or drop charges. In these situations it is best to contact the District Attorney’s Office, there is a victim advocate that is assigned to every open case. They will be able to speak with you about how to get your feelings about the case across to both the defense and the prosecution.

• Some of my property was seized by law enforcement, when can I get it back?

  Contact the District Attorney’s office and speak with your advocate, in most cases the property needs to be held until the close of the case that way if it is needed as evidence in trial it is available. Sometimes, exceptions are made so make sure to call and ask.

• The victim forms say I have to have them filled out and returned within 10 days, do I have more time?

  Call and check with your advocate, in most cases you do have more time to get the forms in. We just need them before sentencing.

• Why wasn’t I notified of a hearing?

  The advocates in our office will notify you of critical stages of the case, that does not include every single appearance. You have the right to appear at any court appearance heard in open court so we would ask that you call our office and speak with your advocate to get updated court appearances.

• Will I be notified if the defendant gets released from jail?

  Yes, under specific and certain circumstances. To get the most updated and accurate information about in custody offenders, we recommend signing up for the free Victim Information and Notification Everyday (VINE) service. If someone is released during business hours and we are notified we will let you know but after hours and weekend releases we don’t always get updated info about.