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Victim Services

Iowa Victim Information & Notification Service (IowaVINE) Website

This service allows victims to inquire on the custody status of an offender.

For information on the custody status of an offender, contact the Iowa Victim Information & Notification Service at 1-888-7-IAVINE (1-888-742-8463) or visit the website at www.vinelink.com.

Additional information can be found on the link to the website above or in the informational brochure below.

IowaVINE Informational Brochure 

Crime Victim Compensation Program

This program provides help to victims who have suffered personal injury from a violent crime, and helps the victims with out-of-pocket expenses related to these injuries. The program is entirely funded by fines or penalties paid by criminals.

Application for Crime Victim Compensation (Word Document)

Crime Victim Assistance Division

A Message From The County Attorney

If you have been the victim of or a witness to a crime, you may be unsure as to steps involved in the criminal justice system. This *brochure has been prepared to help familiarize you with that system.

As a witness you are the most important person in the criminal prosecution. My staff and I appreciate your willingness to testify, for we realize that without your cooperation it would be impossible to prosecute those people who have committed crimes.

I strongly support the rights of victims and witnesses. My staff and I are committed to assisting you through the stages in the criminal justice system. We are here to serve you.

Sincerely,

Patrick C. Jackson County Attorney Des Moines County, Iowa

*The information included in the brochure is also listed below. Brochure prints out to legal sized paper.

COUNTY ATTORNEY'S VICTIM/WITNESS PROGRAM

Fear/Intimidation "What Happens If"?

On extremely rare occasions, a witness may receive a threat concerning his or her testifying in a case. If you believe you have received such a threat, contact your local law enforcement agency. Such threats are crimes in Iowa and you can be assured that the incident will be investigated.

If you have been the victim of personal crime, such as an assault or robbery, you may find it difficult to testify about it in court. If you are concerned about testifying please talk to the Victim/Witness Coordinator or the Assistant County Attorney assigned to your case.

The Victim Witness Assistance Program also provides the following services:

• General information about the criminal justice system
• Specific information about your case and the status of the case
• Witness fee assistance
• Property return
• Employer intervention
• Referral to social service agencies
• Liaison between the victim and the Iowa Crime Victim Compensation Board
• Court accompaniment
  

Please do not hesitate to call us if you have questions or need assistance. Your help in making Des Moines County safer for yourself, your family, friends and neighbors is vital and thoroughly appreciated. (319)753-8209

BEING A WITNESS

Staying In Contact

If you are the victim or witness of a crime, it is important that you keep in touch with the County Attorney's Office. If you move or change your phone number, please let us know. If we cannot locate you to testify, it may result in the charge being dismissed by a judge.

Hearing Continuances

When possible, you will be notified in advance of hearing dates. In case the staff has been unable to reach you, and to avoid an unnecessary trip to court, you are encouraged to call the County Attorney's Office the day before you are scheduled to appear, after 2:00 p.m. at (319)-753-8209 to confirm that your testimony is still needed.

Subpoenas

The subpoena is a Court Order directing you to appear as a witness at the time and place stated.

Your subpoena may be served on you by the Sheriff or some other person. When you come to the Courthouse to testify, you should bring your subpoena with you.

Giving Statements

You have the right to request identification from anyone attempting to speak with you about the case.

You are encouraged to call the County Attorney if you are being questioned by anyone with whom you are unfamiliar:

You have the right to refuse to speak to the defense attorney, the defendant, or anyone else connected with the defense. You cannot be required to speak to anyone unless you have been subpoenaed to a proceeding at which the County Attorney is present.

THE COURT PROCESS

The prosecution of a criminal case involves many procedural steps. The most typical are: initial appearance of offender, preliminary hearing or filing of trial information, depositions, arraignment, motion hearings, trial and sentencing. All hearings are public proceedings, and you are welcome to attend if you wish. You as a witness, may be asked to testify at the hearings described below:

Initial Appearance

When the defendant appears in court for the first time, he or she receives a copy of the charge and bond is usually set. Your appearance is not necessary at this initial appearance stage.

Preliminary Hearing

The function of the preliminary hearing is for the court to determine whether probable cause exists to hold the accused for trial. There is not a jury present at the preliminary hearing. In most instances, the defendant will waive the preliminary hearing or the County Attorney will file a trial information, making a preliminary hearing unnecessary. If you are required to testify at this hearing, you will receive a subpoena, telling you when and where to appear.

Trial Information

The trial information outlines the formal charge against a defendant. The purpose of the trial information is to put the defendant on notice of the offense charged and the witnesses who will be used to prove the State's case. It is filed with the Court. The trial information states the date, location, and nature of the offense. It also lists the witnesses who may be called by the State of Iowa to testify. The trial information is a matter of public record, and a citizen may look at it.

Attached to the trial information is a second document called the minutes of testimony.
This outlines the testimony each witness is expected to give if there is a trial. The minutes of testimony are not matters of public record, and they are placed in a sealed envelope in the court's file.

Grand Jury

The grand jury is a group of 5 to 15 people selected by the Clerk of Court from a pool of citizens. Its duty is to inquire into all crimes brought before it by the County Attorney and decide if a charge should be filed.
If the grand jury agrees that the evidence before them constitutes probable cause that a person has committed an offense, then the County Attorney is instructed to prepare an indictment charging that person with such offense. Grand Jury proceedings are secret, and you cannot participate unless you are specifically notified.

Arraignment

The arraignment is the procedure whereby the defendant is brought before open court to plead to the criminal charge. The defendant is given a copy of the charges against him/her before he/she is called upon to plead. The charge is read to the defendant and he/she is asked to plead guilty or not guilty. Your appearance is usually not necessary at the arraignment.

Depositions

The deposition is a formal sworn statement. This legal procedure involves giving sworn testimony outside of court based upon your knowledge of the events. Depositions allow both the prosecution and defense to ask questions of those persons under oath. The main purpose of a deposition is to gather information about a particular case. Your appearance at a deposition may be necessary, but you will be advised ahead of time if your attendance is required.

Motion Hearings

An example of a pretrial motion hearing is a suppression hearing. This is a hearing in which a defendant seeks to prevent the introduction of evidence alleged to have been seized illegally. The ruling of the Court then prevails at trial. Your appearance is usually not necessary at motion hearings. If your testimony is needed you will be notified by the County Attorney's Office in advance.

Pre- Trial Witness Conference

If a trial is to be held, the County Attorney or an Assistant County Attorney may set up a time to meet with you before the trial. This is a chance to meet the prosecutor if you haven't already, discuss the case and become familiar with what is expected of you as a witness.

Trial

If a trial is held, you will receive a subpoena. Some trials are decided by a jury, but sometimes that right is waived and a judge decides the case (bench trial). If you have been subpoenaed to testify at trial you should arrive early and be dressed and groomed appropriately.

Sentencing Hearing

After a judge or jury determines that the defendant is guilty, then a sentencing hearing must be held. Prior to the sentencing hearing, the Court may order a presentence investigation. This report is written by Correctional Services after it conducts a study of the defendant's past criminal history, events surrounding his/her life, the effect of the crime on victims and community resources that might be available to assist in the defendant's rehabilitation. If you are a victim of a violent crime, then you will be given the opportunity to make a statement about the impact of the crime upon you. This statement should be prepared in writing and the County Attorney's Office will be available to assist any victim in preparing a statement should the need arise.

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