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Wilkin County Attorney: Tim Fox
Location: 2nd Floor, Breckenridge City Hall
Mail Address: 420 Neb. Ave., Breckenridge, MN 56520
Phone: 218-643-8950 Fax: 218-643-4186
Office Hours: 8:00 AM to 4:30 PM. Monday through Friday, not open holidays.
The Wilkin County Attorney is an elected official who must be a licensed attorney in the State of Minnesota. In each of Minnesota's 87 counties, a county attorney is elected to handle numerous criminal and civil legal responsibilities.
Duties of the County Attorney:
Civil Advice:
The Wilkin County Attorney is the legal advisor for the Wilkin County Board of Commissioners, county departments and agencies. The county attorney is not authorized to provide civil legal advice to private citizens in his or her capacity as county attorney. As the legal advisor for the county, the county attorney serves in a role that is similar to that of an in-house corporate counsel. The county attorney provides legal advice to the county board and county departments to assist the county in providing many public services, such as waste management, child protection and the protection of vulnerable adults. Other areas of civil advice include defending challenges to property tax values, representing the Human Services Department on welfare appeals, enforcing county environmental and health ordinances, and forfeiting property used in connection with criminal activity. Additionally, the county attorney's office assists the county in buying property; negotiating leases and contracts; and in defending against personal injury, workers compensation, employment, civil rights and other law suits.
Adult Prosecution:
The county attorney is the chief prosecutor for crimes that occur within a county. Prosecution involves bringing charges against a party, trying the case in court, and making sentencing recommendations. The county attorney prosecutes felony offenses (crimes which carry a penalty of more than one year in prison). Examples of these crimes include murder, sexual assault, drug offenses, and child abuse. Misdemeanors and gross misdemeanors, which are less serious crimes, are the primary responsibility of city attorneys in the metropolitan area, but are prosecuted by county attorneys in less populated areas.
Juvenile Prosecution:
The county attorney is the prosecutor in all cases involving juvenile offenders. These range from curfew violations to the most serious felony criminal behavior. County attorneys oversee diversion programs, which allow minor offenders to receive consequences without going to court. These programs are intended to reduce repeat offenses. While a goal of juvenile court is the rehabilitation of offenders, due to public safety concerns, the county attorney may ask the Court to certify a juvenile to stand trial as an adult. Upon conviction, the juvenile could then receive all potential adult sanctions, including a prison sentence.
Victim/Witness Assistance:
County attorneys provide assistance and support to the victims and witnesses who play a vital role in the criminal justice system. They advise crime victims of their legal rights and will request restitution for losses suffered.
Family Services:
The county attorney initiates CHIPS (Child in Need of Protecting or Services) petitions to protect abused or neglected children in the county. The county attorney 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 also files involuntary commitment actions to provide necessary treatment for individuals who are mentally ill, chemically dependent, or mentally retarded. When a family is receiving public assistance, the county attorney brings actions to obtain or enforce child support obligations or to establish the paternity of a child, in order to obtain reimbursement for assistance and other costs to the taxpayers. Parents not receiving federal or state monetary assistance may also apply for and receive these child support enforcement or paternity establishment services from the county attorney at minimal cost.
Pursuing Improvement & Prevention:
The county attorney plays an important role in seeking new laws to strengthen law enforcement, criminal justice, child protection, victim's rights, and other areas. The county attorney also participates in efforts to prevent or reduce crime in the local communities and statewide.
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