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Questions About Criminal Court

Back to For Victims

Why have I been given a subpoena?
What is expected of me as a witness?
Where do I go?
How often will I appear in court?
What if court dates conflict with my job?
What does "ON CALL" mean?
Do I have to bring anything along?
What if the defendant's investigator or attorney wants to talk to me?
Why are there delays in holding the trial?
Everyone seems focused on the rights of the defendant. Why is that?


Why have I been given a subpoena?

You are being asked to serve as a witness in a criminal proceeding. A subpoena lists the date, time, place and proceeding in which your testimony is required.

Do not ignore a subpoena. You will be notified if the case is canceled. If you fail to appear, you could be charged with contempt of court.

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What is expected of me as a witness?

You have seen, heard or know something about a crime that has been committed. In order to make correct decisions a judge or jury needs to hear all of the evidence. Your testimony is one way to present that information and may be needed to convict the defendant.

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Where do I go?

The location of the court where your case will be heard is listed on your subpoena. Your Victim/Witness Specialist may provide maps, parking information or directions to a victim/witness waiting area.

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How often will I appear in court?

Each case is different. However, generally as a witness:
If the case is a misdemeanor, you will often only be needed at the trial.
If the case is a felony, you may be needed for the preliminary hearing and the trial.
In some cases, you may be required to appear for motion and/or sentencing hearings.
You will be notified each time you are needed and, whenever possible, if the case has been delayed or canceled.
It is very important for the DA's office and Victim/Witness Assistance Program to have your current address and phone number.

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What if court dates conflict with my job?

Wisconsin law forbids employers from firing employees because they have been called to testify in a criminal or juvenile proceeding. An employer may not decrease or withhold pay for lost work time 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.

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What does "ON CALL" mean?

Some subpoenas ask you to phone the DA's office the day before your court appearance. Please call--you may learn a more exact time schedule and avoid unnecessary waiting. Every effort is made to reduce your time away from home or work.

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Do I have to bring anything along?

If there are no specific instructions on your subpoena to bring records, books or other items to court, it is not necessary to bring anything.

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What if the defendant's investigator or attorney wants to talk to me?

You can decide whether to discuss the case with the defendant's legal advisors. Always make sure you know who you are talking with when you discuss the case. Ask for identification. You may ask to have a police officer or district attorney with you during the interview. Give clear and precise statements. Be aware your statements may be used in court.

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Why are there delays in holding the trial?

The defendant's attorney may ask for more time to prepare the case, or to locate an important witness. Trials are sometimes delayed because the judge or one of the attorneys has a schedule conflict with the proposed court date. Some delays arise at the last minute, but every effort is made to notify victims and witnesses and save them unnecessary trips to the courthouse.

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Everyone seems focused on the rights of the defendant. Why is that?

In our country, any person accused of a crime is presumed to be innocent until proven guilty beyond a reasonable doubt. That person also has a right to face their accusers in a court of law. Our criminal justice system requires many painstaking steps to protect these rights. The system is designed to make sure innocent people aren't sent to prison. As a result, court proceedings often seem cumbersome or confusing. Although it may seem the system puts the rights of the accused ahead of the victim's needs and concerns, it is important to remember that prosecutors, judges and others in law enforcement are working hard to make sure the correct person pays the consequences of the crime.

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