The State’s Attorney’s Office carries out a broad spectrum of legal duties as outlined in Chapter 11-16 of the North Dakota Century Code. These duties include:

• Criminal prosecution
• Juvenile justice
• Child deprivation, child support, and parental termination matters
• Legal service to county departments
• Involuntary mental health commitments
• Civil commitment of sexually dangerous individuals
• Administration and policy functions of the State’s Attorney’s Office
• Guidance and training to law enforcement agencies within Cass County, including:

• Cass County Sheriff’s Office
• ND Highway Patrol
• West Fargo PD
• Fargo PD

The State’s Attorney is responsible for prosecuting all of the felonies, misdemeanors and traffic offenses committed in Cass County, not otherwise handled by the Fargo and West Fargo City Prosecutors.

It is the policy of this office, through responsible recruitment, to hire qualified applicants without regard to race, color, national origin, sex, age, religious affiliation, or disability. Prosecutors are attorneys licensed to practice law in the state of North Dakota and must have successfully graduated from an accredited law school and have passed the North Dakota Bar Examination in addition to possessing credentials demonstrating proficiency and professionalism.

Office Overview

There are 20 attorneys and 20 support staff working on behalf of the citizens of Cass County. Under the leadership of the Cass County State’s Attorney, Kimberlee J. Hegvik, the office works to seek justice and promote public safety by holding criminal offenders accountable and empowering victims.

To accomplish this, the State’s Attorney’s Office has five different divisions:

The Personal Crimes Team screens, files, and prosecutes cases involving all aspects of murder, sexual assault, and domestic violence, including spouse abuse, partner abuse, elderly and child abuse as well as child sexual assault.

The Drug Crimes Team screens, files, and prosecutes cases that involve drug activity. This specialized unit was established in the mid 1990’s to respond to increased enforcement of drug violations.

The Economic Crimes Unit screens, files, and prosecutes identity theft crimes, consumer fraud, embezzlement, and financial crimes. The ECU also handles all traffic matters for the county of Cass not otherwise handled by the Fargo and West Fargo City Prosecutors.

The Juvenile Crimes Team prosecutes cases in which the suspect is under the age of 18. These cases are referred to our office by Juvenile Court.

The Child Welfare Team represents Cass Human Service Zone in child in need of protection, review of disposition and permanency, 18+ dispositions, and termination of parental rights matters. The Team also advises the Zone on document requests and subpoena responses.

Petition for Involuntary Commitment

If you have reliable information or actual knowledge that a family member or friend is chemically dependent or mentally ill AND you believe they may be a danger to themselves, others, or property, you can complete a Petition for Involuntary Commitment and submit it to the office of the Cass County State’s Attorney.

Please click on the following link for the Petition for Involuntary Commitment. 

Petition for Involuntary Commitment

Frequently Asked Questions About the Civil Commitment Process in Cass County

The following general information is intended to help answer the most commonly asked questions about the civil commitment process.

Who can be committed?

As stated above, a person may be committed if they are chemically dependent or mentally ill AND is considered to be a danger to himself, others or property. This includes neglecting one’s own personal care to the point that it threatens the person’s health. A court may also consider a person to be dangerous if the person threatens harm or acts out in a violent manner.

How is a civil commitment accomplished?

In Cass County there are two ways a person can be committed. The first way is by Petition. A person who knows the individual in dire need of help can complete the necessary forms located on-line using the link above or you may come to office of the State’s Attorney and the forms will be provided to you upon request. The person who requests that another person be committed is the “Petitioner”. The person who might be committed is the “Respondent”.

The second is by Emergency Order. This process is available to law enforcement personnel and health care professionals only.

What information is needed?

Information included on the petition for commitment should be as recent as possible. It should provide the specific details that convince you that this person can no longer care for themselves or that convinces you they are dangerous to themselves, others, or property. It should also explain:

• Any history of mental or chemical treatment.
• Specifics on the whereabouts of the Respondent.
• Names of witnesses who can also attest to the Respondent’s behavior.
• Any information you may possess about insurance.

What happens after I turn in a petition?

Once a petition has been completed two things must be determined. First, a copy of the petition is immediately forwarded to the Southeast Human Service Center, or other appropriate agency, for an evaluation to determine whether the Respondent meets the criteria to be committed. The agency’s completed recommendation is sent back to the State’s Attorney’s Office.

The second determination is made by the State’s Attorney’s Office after reviewing the recommendation from the human services agency. This review is to determine whether there is a legal basis to request a judge to order the Respondent committed against the Respondent’s will.

Completing a petition and submitting it to the Cass County State’s Attorney’s Office is not a guarantee that the Respondent will be civilly committed.

When would a commitment take place?

A petition is valid for 30 days. The time it takes for the process to be completed can vary widely depending upon the individual circumstances of each case. It is common to have the steps outlined above completed and the Respondent admitted to a treatment facility within five days to two weeks.

Where would the Respondent be sent?

Most often, Respondents are sent to the State Hospital in Jamestown, North Dakota. Within seven days following such a commitment, a court hearing would be set in Cass County in which a judge determines whether there is probable cause to believe the Respondent meets the standards for commitment. Any person who is notified of the time and date of any court proceeding regarding a commitment is expected to appear and testify to the truth of statements the person made in the petition.

Does the Respondent have to be sent to Jamestown?

Not necessarily. Other common facilities for commitment are Prairie St. Johns and Sanford. In some cases, if a respondent has insurance coverage and/or an extensive prior treatment history with another facility in North Dakota, the Respondent can be committed there.

Can they be sent to Fergus Falls or some other Minnesota facility?

NO! North Dakota courts do not have jurisdiction to commit someone into a Minnesota facility, even if the person is a Minnesota resident or has been treated there in the past. North Dakota courts can only commit Respondents to facilities in North Dakota. Petitioners wishing to commit Respondents to facilities in a state other than North Dakota must go through the civil commitment process of that state, or they must convince the Respondent to go there voluntarily.

1. What is the address of the Cass County State’s Attorney’s Office?
211 9th Street South, Fargo, ND 58103

2. Where is the State’s Attorney’s Office located in the Courthouse?
We are located on the south end of the building on the 4th floor.

3. When and where is my next court date?
For a County Court case, you can search online at http://www.ndcourts.gov/publicsearch/default.html. If you need help searching this site, please use the guide provided for you on the website found at http://pshelp.ndcourts.gov/.You may also contact the District Court Clerk’s Office at 701-451-6924.

4. If I’m charged with a crime, can I talk to the prosecutor?
If you have retained a defense attorney or one has been appointed to represent you, you must speak with your attorney. You cannot speak to the prosecutor without your attorney being present.

5. What is “discovery”?
Discovery is the procedure by which the Cass County State’s Attorney’s Office provides information, facts, documents, and other materials to the defense regarding a filed case.

Discovery is submitted by law enforcement or obtained during further investigation. Discovery does not include the work product generated by the State’s Attorney’s Office.

6. How does the discovery process work at the State’s Attorney’s Office?
Law enforcement submits investigative reports in a case to be accepted for filing. Once the case is accepted, it is submitted for filing at the State’s Attorney’s Office. After the case is filed and probable cause has been established, the contents of the court file become available to defense counsel.

Discovery is available on active cases to the attorney of record and to pro-se defendants only. Discovery will not be released to a defendant represented by counsel.

7. I do not have an attorney. How do I get “discovery”?
To obtain discovery you must submit a letter in writing to the office of the Cass County State’s Attorney and include your full name, current mailing address, and case number in your correspondence.

8. Can I drop the charges in a case?
No, charges are filed by the State’s Attorney on behalf of the victims and can only be dropped by the State’s Attorney’s Office. You may call the victim/witness coordinator assigned to your case to discuss the issue.

9. How do I change a court date?
You or your attorney must call the Clerk of District Court to discuss changing a court date.

10. I was convicted of a crime and I now want to restore my gun rights. Can you help me with this?
No. You must consult with your own lawyer about your unique situation.  

11. I was convicted of a crime and now I am trying to rent an apartment but the arrest shows up on my record. Can you remove it from my record?
No, you must consult with your own lawyer regarding the current status of expungement and/or sealing of records.

12. Can you expunge my arrest record?
No. Under North Dakota law, some criminal records may be sealed. Only a District Court Judge can order that a criminal record be sealed. The State’s Attorney’s Office does not represent individuals in matters or lawsuits and cannot advise you on the sealing process. Contact your lawyer to discuss your unique situation.

13. How long after I’ve been convicted of a crime will the conviction stay on my record?
It depends on a variety of factors.  You must discuss your unique situation with your own counsel.

14. Can I take a defensive driving class to avoid losing points on my license?
Yes, if you qualify you may take a DOT approved online defensive driving course for point reduction. For a list of approved courses please go to: https://www.dot.nd.gov/divisions/driverslicense/dldriverinfo.htm 
If you have additional questions, please reach out to the North Dakota Department of Transportation.

If you still have questions about any of the above information or if your question was not addressed, please call the main reception number for the Cass County State’s Attorney’s Office at 701-241-5850 or email the Cass County State’s Attorney’s office by using the link found under our contact information.