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Criminal
The Olmsted County Attorney prosecutes felony crimes (crimes which carry a potential penalty of time in prison) which occur within the county. Examples of these crimes include murder, sexual assault, drug offenses, serious property offenses, and child abuse. The County Attorney also has responsibility for the prosecution of misdemeanors and gross misdemeanors (crimes which carry a maximum penalty of less than one year in jail) that occur outside of incorporated areas as well as in those cities for which the office holds prosecution contracts (Byron, Stewartville, Oronoco, Eyota, Dover and a portion of Chatfield).
Prosecution may involve reviewing the investigation provided by law enforcement officers, filing criminal complaints, presenting cases before a grand jury, representing the state in court hearings and trial, and making sentencing recommendations. The prosecutorial duties of the county attorney are enumerated in eighty-eight (88) separate Minnesota statutes.
Juvenile
The county attorney is the prosecutor in all cases involving juvenile offenders. These range from curfew violations to the most serious felony criminal behavior for which a juvenile may stand trial as an adult and receive an adult sanction, including a prison sentence.
Diversion
An alternative available to prosecutors in the processing of a criminal complaint is that of diversion, the channeling of criminal defendants and even potential defendants, into programs that may not involve incarceration.
The prosecutor is an integral part of any diversion system; indeed, he/she should be the central figure in such a system. The prosecutor commonly makes the decision to introduce an offender into alternative treatment and is ultimately responsible for determining the success of that alternative treatment.
The authority of the prosecutor to institute diversion proceedings is an incident of the prosecutor's discretionary authority in screening and charging. The authority of the prosecutor to control the diversion decision prior to arraignment or indictment is well substantiated. Prosecutorial authority in post-charging diversion is also clear.
Juvenile Diversion Information (10.2 KB PDF)
Adult Diversion Information
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Civil
The County Attorney is the legal advisor for the County Board of Commissioners, and all county departments. These duties include giving advice, developing departmental policies with staff, drafting documents and forfeiting property associated with criminal activity. The County Attorney's office assists the county in buying property, negotiating leases and contracts, and in defending other law suits brought in state and federal court. The County Attorney also files involuntary commitment actions and starts legal proceedings to protect the health and safety of vulnerable adults within the county when they are in need of assistance. The county attorney initiates CHIPS (Child in Need of Protection or Services) petitions to protect abused or neglected children in the county and enforce truancy laws. The County Attorney does not provide legal advice to private citizens.
Forfeitures
Several different types of forfeiture actions have been authorized by the Minnesota legislature. The most common type is an Administrative Forfeiture action under Minnesota Statute Section 609.5314.
Items such as money, jewelry, motor vehicles, or firearms that are found near controlled substances or drug manufacturing equipment are subject to Administrative Forfeiture. All forfeited property is distributed to the local law enforcement agency that seized the property, the local County Attorney's office that undertook the forfeiture, and the State of Minnesota in percentages that are set out by statute. The property must then be used for various approved law enforcement purposes.
Child Support
Under federal law (Part D Title IV of the Social Security Act, 42 U.S.C. sec. 651 et seq.), Minnesota maintains a county-based child support enforcement program providing services in both public assistance and non-public assistance cases. The Olmsted County Attorney's Office Child Support Division provides legal services for the Olmsted County Child Support and Recovery Unit, the Public Authority for child support in Olmsted County. These legal services include paternity establishment actions, actions brought for reimbursement of public assistance, and actions brought to establish, modify or enforce a child support order.
There are over 5,500 open child support cases in Olmsted County. Child Support Officers, support staff, and supervisors in the Child Support and Recovery Unit handle the day-to-day administration of these cases. In 2006, $16,351,447.00 in child support was collected and disbursed in Olmsted County.
There is no attorney-client relationship between the county attorney and either parent involved in a child support case. In child support cases, the county attorney represents Olmsted County's interest in ensuring that appropriate child support orders are obtained and enforced.
Child Support Division Staff
Senior Assistant County Attorney Thomas P. Kelly,
Direct Phone: 507-328-7596
Senior Assistant County Attorney Elizabeth LaRoque
Direct Phone: 507-328-7606
Legal Assistant, Nancy Johnson
Direct Phone: 507-328-7597
Official Olmsted County Website
Location:
County Departments > County Attorney
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