Rights and Services for Crime Victim and Witnesses

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Table of Contents

♦ The Invisible Wound
♦ Coping after the Crime
♦ Assistance for Victims and Witnesses
♦ Crime Victims' Rights
♦ Witnesses' Rights
♦ The Criminal Justice System
♦ Subpoenas and the Court Process
♦ Testifying in Court
♦ After Conviction
♦ Recovering Costs
♦ Dealing With the Media
♦ Other Services Available to Crime Victims
♦ Misdemeanor Chart - PDF
♦ Felony Chart - PDF
♦ Glossary

The period following a crime can be very difficult. Although everyone reacts differently, many victims and witnesses report that they feel shock, confusion, numbness, disbelief, anger, or other emotions after the incident. You may be having similar feelings, in addition to dealing with physical, financial, and psychological concerns related to the crime. At the same time, the criminal justice system is likely to need you to take part in the court process, so that the person(s) responsible for the crime can be held accountable.

It can all be trying, but there is help. As a crime victim in Wisconsin, you have rights providing certain privileges and protections, which will be outlined in this brochure. Additionally, crime victims in the state of Wisconsin are to be treated with fairness, dignity and respect for their privacy.

This booklet is designed to give you information about these rights, how to exercise them, and who to call to find out about services. It will also give an overview of the criminal justice system, tell you about what might happen if you have to go to court, how to prepare to speak in court, and what can happen afterwards. There is also a glossary to help you become familiar with words commonly used in the justice system. This booklet does not provide legal advice.

Crime often destroys victims' sense of trust in their surroundings and their sense of control over their lives. This impact has often been described as an invisible wound on the crime victim's life.

Just as a physical injury takes time to heal, the invisible wound inflicted by crime takes time. The healing process will be different for everyone. It can take weeks or months for victims to regain a level of emotional balance. Time and understanding are two important factors when dealing with the emotional and life altering impact of a serious crime.

For some victims, talking about the event and how it has impacted their lives can be very healing. Other victims are reluctant to express how the event has affected and changed their lives. It is important that victims are given the opportunity, and as much time as needed, to tell someone what happened to them. Sometimes victims need to recount the incident a number of times. Victims need to have non-judgmental support. They also need to have family and friends understand the importance of individual healing time and that no one recovers at the same pace.

In our daily life, we respond differently to events that touch our lives and the lives of people we care about. Emotional reactions to crime can be very different. Not everyone feels the same or responds the same. However, victims and witnesses report some similar responses. The list below identifies some common reactions to being a victim or witness of crime.

Victim/Witness (V/W) Programs are located in most Wisconsin District Attorneys' (DA) offices. Most V/W Programs provide:

Services are provided free of charge. The availability of services may vary by county. To request V/W help, call your county DA's Office. If you do not have a program in your area, call the Wisconsin Victim Resource Center at 1-800-446-6564.

Wisconsin law directs law enforcement, prosecutors, judges and other criminal justice officials to inform victims of their rights and how to exercise those rights. If you have specific questions about your rights or would like to receive a complete list of rights, please contact the Victim/Witness Program or the District Attorney.

Counties vary in their practices, and it will be important for you to clarify and discuss the rights you have and how to exercise them. It is important to know which rights you need to request and how to request them.

In order to receive information, it is important that you keep the appropriate agency informed of your current address and telephone number.

As the victim of a crime, Wisconsin law provides you with the following rights:

In Wisconsin, witnesses have the following rights:

Juvenile Crime

Although many of the rights of victims and witnesses are the same, the juvenile court system has a different process. Contact the Victim/Witness Program or the District Attorney's office for more information about the juvenile justice system and victims' rights. A separate informational brochure is available in most District Attorneys' offices.

For many, the criminal justice system can be very confusing. This information will give you a general overview of the process. If you have additional questions, contact the Victim/Witness (V/W) Program or District Attorney (DA). You may be unfamiliar with some of the legal words. Many of the terms used are included in the glossary at the end of this booklet.

What happens after the crime?

Within 24 hours after the first contact with law enforcement, victims should receive information from law enforcement regarding victims' rights, crime victim compensation, victim assistance services and information on how to reach the DA. If someone was arrested, but not charged with a crime, the DA's Office should inform the victim that no charges will be issued. If charges are filed against the defendant, the victim should get written information within ten days after the initial appearance or 24 hours before the preliminary hearing including:

What is a Plea Agreement?

A plea agreement is a way to resolve a case without a trial. Plea agreements are worked out between the DA, the defense attorney and the offender. In most cases, an agreement can be reached to hold the offender accountable, but avoid a trial. Victims have a right to confer about potential plea agreements. It is important to inform the DA's office or V/W of your request to confer. The V/W Specialist can provide more information about how plea agreements are handled in your county.

What does the "opportunity to confer" mean?

To confer with the DA means to discuss the case and its possible outcomes. In some instances, as appropriate, the DA can give the responsibility of conferring to other staff. If a victim requests to confer, the discussions can include potential plea agreements, sentencing recommendations and disposition information. The DA may consider your input, but makes a final decision based upon all factors of the case.

What can I do if I receive any threats or am being harassed?

In most cases, victims and witnesses are not threatened or harassed by the defendant. However, if you are being threatened, contact the police or other law enforcement agency immediately. It is also important to notify the V/W Specialist or DA.

How do I get property held in evidence returned to me?

The DA will know when your property is no longer needed as evidence. Any questions about your property should be directed to the V/W Program or DA's Office.

What do I do if the offender's investigator or attorney wants to talk to me?

Always make sure you know with whom you are talking; you can ask for identification. You can choose not to speak to the person, and you may also ask to have a police officer or district attorney with you during the interview. If you decide to talk with the person, give clear and precise statements and be aware that anything you say may be used in court.

If you receive a subpoena (notice to appear in court), you are being asked to serve as a witness in a criminal court hearing. A subpoena lists the date, time, place and proceeding in which your testimony is required. Do not ignore a subpoena. If you fail to appear, you could be charged with contempt of court. Every attempt will be made to contact you if it is known that the hearing is cancelled.

What should I do with the subpoena?

Read the subpoena carefully. It may ask you to call the District Attorney's office or the Victim Witness Program the day before the court appearance or it may provide other information or instructions. Please bring the subpoena with you to court and be prepared to provide your social security number in order to obtain witness fees.

Where do I go?

The subpoena will tell you where to report. You can call the V/W Specialist for help; they may provide maps, directions, parking information, and arrange a waiting area for you.

Do I need to bring anything with me to court?

Unless your subpoena gives you specific instructions to bring records, books or other items to court, you do not need to bring anything. Be prepared to wait. Often there are a number of scheduled court events on any given date. You may want to bring a book or magazine and a snack.

How often will I be required to appear in court?

The only time you must go to court is when you receive a subpoena. Victims have a right to be present at any court hearing. As a crime victim, you have a right to request notice of all hearings for your case.

If you are subpoenaed to a court hearing, you may not be able to attend the entire hearing as the court may order sequestration.

You will be notified each time you are needed, and told, whenever possible, if the case has been delayed or cancelled. Therefore, it is very important that the DA's office and the V/W Program have your current address, telephone number or contact number.

As a general guide:

What if the court dates conflict with my job?

Wisconsin law forbids employers from firing employees because they have been called to testify in a criminal proceeding, even if the employee's testimony is against the employer or involves a work-related incident. Employees are required to give their employers prompt notice of the subpoena. If you need assistance with an employer about being subpoenaed to court, contact the Victim/Witness Program.

Why are there delays in holding the trial?

An attorney may ask for more time to prepare the case or to locate an important witness. Trials are sometimes also delayed, because the judge or one of the attorneys has a schedule conflict. Sometimes court must be cancelled at the last minute. Every effort is made to notify you in advance.

Who do I contact if I have questions about the case?

You can call your local Victim/Witness Program or District Attorney's office. It is helpful to have the case number or the offender's name when calling about a specific case. This information will appear on your subpoena.

Will I be paid for my time spent as a witness?

You will receive a nominal witness fee for each day you are subpoenaed to appear in court. You may be entitled to a transportation allowance. The Victim/Witness Specialist can provide assistance with applying for witness fees. If you do not receive your witness fee within two months after your appearance in court, contact the V/W Program for further assistance.

The judge or jury needs to know the facts about the crime. They will consider all of the evidence presented in court. Because you have seen, heard, or know something about the crime that has been committed, your testimony is one way they get this information. Testifying in court can be scary, but you can get assistance from your local V/W Program. Prior to testifying, the Judge's clerk will ask your name and ask you to take an oath. The oath is your promise that you will tell the truth when testifying.

The following are helpful tips when preparing to testify in court:

If the offender is found guilty or pleads guilty, the defendant will be sentenced. Prior to the sentencing of the defendant, if you are a victim, you have a right to provide the court with a written and/or oral Victim Impact Statement. If the offender is found not guilty at the trial, this is the end of the court proceedings.

What is a victim impact statement?

A victim impact statement is a written and/or oral statement provided to the court at the time of sentencing. It may include information about how the crime affected you physically, financially and emotionally. The V/W Specialist can assist you in preparing your statement.

How will I know what happens to the offender?

As a victim, you have the right to be informed of the disposition (sentencing) information. If you requested disposition information, the DA's office will provide that information to you after the sentencing. If the offender was sentenced to prison you also have a right to receive information about his/her release from prison. In order to be contacted about an offender's release from prison, you must register for notification of release.

For more information about registering to receive release information call the local Victim/Witness Program. For general information about probation or release of the offender, call The Department of Corrections Victim Advocate, toll-free at 1-800-947-5777.

What happens when a judge sentences someone to prison?

Any person who commits a felony on or after December 31, 1999, and is sentenced to prison will serve the total amount of time that the court orders, and will not have the sentence reduced for good behavior ('good time'). Offenders who violate prison rules may have additional days added to their prison sentence. This is called 'bad time'. Once an

offender completes his/her prison sentence, he/she will be released and will be supervised by a Department of Corrections (DOC) agent. This is referred to as extended supervision (ES).

Although sentenced to prison, some offenders enter a Challenge Incarceration Program ('Boot Camp'). If the offender completes the program, the court must release the offender from prison and place the offender in the community under the supervision of a DOC agent. This is done even if the full prison sentence has not been served. This program is the only means in which a sentence can be reduced. For more information, please contact the DA's office.

The State of Wisconsin Department of Justice has a program to reimburse crime victims, or in the case of death their dependants and family members, for certain expenses they incur as the direct result of a crime. The Crime Victim Compensation (CVC) Program can reimburse for medical and mental health expenses, lost wages, loss of support, funeral and burial expenses, cleaning up the crime scene, and clothing and bedding held as evidence as long as these expenses are not covered by another source, such as private insurance or public funds.

The program does not reimburse for property loss or damage. There are requirements that must be met in order to be eligible for the program. CVC may make awards even if no one is arrested or prosecuted.

If you want to learn more about eligibility requirements or to request an application, ask the V/W Specialist or call the Office of Crime Victim Services, toll-free at 1-800-446-6564 (264-9497 in the Madison area). You can also request information and application forms by writing to:

Office of Crime Victim Services
P.O. Box 7951
Madison, WI 53707-7951

What about restitution?

If found guilty, the court may order the offender to pay for financial losses you suffered as a result of the crime. During the sentencing hearing, the DA should ask the judge to order restitution as part of the sentence.

How do I apply for restitution?

You will be asked to provide documentation about your out of pocket expenses. Contact the Victim/Witness Program for further information and assistance.

How will I get paid restitution?

When restitution payments begin, the offender will give the money to their supervising agent. The agent forwards the money to the Wisconsin Department of Corrections cashiers office, which then sends it to you. Offenders who are not supervised by DOC, but owe restitution, will make payments to the local Clerk of Court or District Attorney's office. Either department will then forward the restitution payment to you. If you have questions about restitution, ask the DA or V/W Specialist. You can also call the Community Corrections office that is supervising the offender.

Is there any other way to recover my losses?

Filing a lawsuit is another option for recovering losses. Civil recovery is an action that is separate from the criminal prosecution. Filing a civil action does not stop you from requesting restitution at the time of sentencing in the criminal case. If you are interested in filing a civil action you may want to consult an attorney who has experience in civil law; however, you are not required to have an attorney. You may want to contact your local clerk of courts and learn about filing instructions and fees, damage limits, and the time frame in which you have to file.

In high profile cases, dealing with the media can add stress to you and your family. Many victims and family members of victims have found it helpful to have one family member or a family friend deal with the media. No matter who responds to media requests, you should know that you can:

If you have questions or concerns about the media, call the V/W Program or DA's office for further assistance.

So also Crime Victims and the Media

If you are experiencing difficulties as a result of the crime, you may ask that the Victim/Witness Program in your area provide you with referral information for other services, such as counseling, support groups or advocacy. Additionally, the Wisconsin Department of Justice, Victim Resource Center provides services and can be reached by calling 1-800-446-6564 or 608-264-9497. The Wisconsin Victim Resource Center provides the following statewide services to victims of crime:

What can be done if I believe my rights as a crime victim have been violated?

A crime victim who has a question about a possible crime victims' rights violation or wishes to complain about a rights violation must first contact the Victim Resource Center, a program of the Office of Crime Victim Services, Wisconsin Department of Justice.

The Victim Resource Center may assist a victim by raising concerns on behalf of the victim, and taking steps to resolve the problem. Once the Victim Resource Center has addressed the problem, sought a solution, and completed its action to resolve the problem, the victim will be informed of the outcome. After this process is completed, the victim has the right to seek a review of the complaint by the Crime Victims Rights Board for formal action.

The Victim Resource Center can be reached by calling 1-800-446-6564 or 608-264-9497.

What can the Crime Victims Rights Board do?

The Wisconsin Crime Victims Rights Board (CVRB) has the authority to review and take action on complaints relating to violations of the rights of crime victims (not witnesses). The Board can review complaints and provide remedies in cases where violations of victims' rights have occurred. The CVRB cannot address or change the outcome of a case.

The Crime Victims Rights Board has the statutory authority to offer certain remedies in cases brought before them. The Board may:

Although you may be dissatisfied with some aspect of how your case was handled, the Crime Victims Rights Board will only address complaints in which a victims' rights violation may have occurred.

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