Victim Rights

Rights of Crime Victims in Wisconsin

 

 

The Wisconsin Constitution provides crime victims with the following rights:

 

 

VICTIMS’ RIGHTS THAT MIGHT APPLY AT ANY TIME:

 

To be treated with dignity, respect, courtesy, sensitivity, and fairness.     

To privacy.

To timely disposition of the case, free from unreasonable delay.             

To reasonable protection from the accused throughout the criminal and juvenile justice process. 

Upon request, to timely notice of any release or escape of the accused or death of the accused is in custody or on supervision at the time of death.

To refuse an interview, deposition, or other discovery request made by the time of death.

To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused.          

To compensation as provided by law.                                        

Upon request, to reasonable and timely information about the status of the investigation and the outcome of the case.

To timely notice about all rights under this section and all other rights, privileges, or protections of the victim provided by law, including how such rights, privileges, or protections are enforced.

                       

 

VICTIMS’ RIGHTS THAT APPLY TO PROCEEDINGS:

 

To proceedings free from unreasonable delay.

Upon request, to be heard in any proceeding during which a right of the victim is implicated, including release, plea, sentencing disposition, parole, revocation, expungement, or pardon.

Upon request, to reasonable and timely notification of proceedings.                    

Upon request, to attend all proceedings involving the case.                     

 

 

VICTIMS’ RIGHTS THAT APPLY AFTER AN ACCUSED HAS BEEN CHARGED  AND/OR RELATED TO SENTENCING OF THE ACCUSED:

 

To have information pertaining to the economic, physical, and psychological effect upon the victim of the offense submitted to the authority with jurisdiction over the case and to have that information considered by that authority.

To full restitution from any person who has been ordered to pay restitution to the victim and to be provided with assistance collecting restitution. 

Upon request, to confer with the attorney for the government.                 

 

 

VICTIMS’ RIGHTS ENFORCEMENT:

 

To assert and seek in circuit court or before any other authority of competent jurisdiction, enforcement of the rights in this section and any other right, privilege, or protection afforded to the victim by law.

To obtain review of all adverse decisions concerning their rights as victims by courts or other authorities by filing petitions for supervisory writ in the court of appeals and supreme court.

The Wisconsin Statutes afford crime victims additional rights including:

*An asterisk (*) marks those rights which a victim must specifically request.

 

 

VICTIMS’ RIGHTS THAT APPLY ANY TIME:

 

To be  treated with fairness, dignity and respect for his or her privacy.     

To a speedy disposition of the case.

To reasonable protection from the accused throughout the criminal justice process.         

To not be compelled to submit to a pretrial interview or deposition by a defendant or his or her attorney.

To receive written information from law enforcement, within 24 hours of contact about rights, who to call for custody information regarding the offender and how to get more information about the case.                    

To information about the disposition of the case.

To attend court proceedings and to be accompanied by a service representative, as permitted by law.

To not be the subject of an officer’s or district attorney’s order, request, or suggestion that the victim submit to a test using a lie detector if the victim reports having been the victim of a sexual assault.        

To not have  personal identifiers including email disclosed/used for a purpose unrelated to the official duties of an agency, employee or official.

To contact the Department of Justice concerning a victim’s treatment (1-800-446-6564) and to seek a review of a complaint by the Crime Victims’ Rights Board, as provided by law.                      

To the expeditious return of property when it is no longer needed as evidence.

To file a Crime Victim Compensation, as provided by law.

To notice of a decision not to prosecute, if an arrest has been made.                  

To request an order for an offender to submit to a test for sexually transmitted diseases, communicable disease, or HIV test (for offenses).

If a victim of an officer involved death, to receive information about the process which he or she may do the following:  file a complaint charging a person with a crime, if permitted by a judge; file a complaint under the John Doe investigation proceedings; and the process of an inquest.

To notice of a decision to close or dismiss a case or defer prosecution, if the offender is a juvenile. 

                       

 

VICTIMS’ RIGHTS THAT APPLY AFTER AN OFENDER HAS BEEN CHARGED:

 

To receive written information from the district attorney regarding the victim’s rights and how to exercise them.     

To have the victim’s interests considered when the court is deciding whether to grant a continuance or deciding whether to exclude persons from a preliminary hearing.

Upon request, the opportunity to communicate with the prosecutor (or intake worker) about the possible outcome of the case, potential plea sentencing options.*

To be contacted about the right to make a statement at disposition or agreements and sentencing.

To be notified of the time, date and place of court proceedings, if requested.*      

To assistance with an employer about the need to attend court appearances.*

To be provided a waiting area separate from defense witnesses.

To notified if charges are dismissed.

 

 

VICTIMS’ RIGHTS RELATED TO THE SENTENCING OF THE OFFENDER BY THE COURT:

 

To provide a statement to the court, in person or in writing, about the economic, physical and psychological effects of the crime and to have that information considered by the court. 

To restitution from a juvenile offender, as permitted by law.

To compensate from forfeited bail, as determined by the court.

To view certain portions of a presentence investigation report.

To be contacted by the person preparing the pre-sentence report (or court report, if the offender is a juvenile) to have the impact on the victim included in the report. 

To restitution from an adult offender for any crime considered at sentencing.

 

 

VICTIMS’ RIGHTS THAT APPLY AFTER SENTENCING: 

 

To be provided sentencing to dispositional information.*             

To be notified of applications for parole or release to extended supervision; to provide statements concerning parole.

To attend parole interviews or hearing and make statements.                 

To be notified of a conditional release.                                       

To have the clerk of court send: a copy of an inmate’s petition for extended supervision and notice of the hearing on that petition; a copy of a motion for post-conviction DNA testing and notice of any related hearing.*

To be provided with notice of a petition for a sentence adjustment or reductions and applications for early release.

To be notified by the Department of Corrections of certain releases, escape, confinements, leave, release to extended supervision and participation in the intensive sanctions program.  If you have questions about receiving notices from the Department of Corrections, call 1-800-947-5777.

To be notified by the governor of a pardon application and to make a written statement about that application.

To a civil judgment for unpaid restitution.

To be notified when an offender’s release to parole or extended supervision is revoked for violating a condition of release.           

To attend a hearing on a petition for a modification of a sentence and to provide a statement.

To notification from the Department of Health Services concerning discharge, home visits and supervised release of certain offenders.

 

 

 

**The Winnebago County District Attorney’s Office values your privacy rights and safety as a crime victim and will make every effort to treat your case with sensitivity. However, this should not be interpreted as absolute privacy and we think it’s important for you to be aware of the limitations. Therefore, please know if this case is charged, police reports and other materials that relate to this incident will have to be shared with the defendant and their attorney per Wis. Stat. 971.2. Additionally, criminal proceedings are open to the public and will include filings that contain information about this incident. Finally, as part of the investigatory and prosecution process information concerning this incident may be shared with outside government agencies and trial experts.  If you would like more information about these practices and/or have questions or concerns about your privacy or safety, please contact this Victim Witness Program at 920-236-4977 to discuss how we can best serve your interests. 

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District Attorney's Office

448 Algoma Blvd
Oshkosh, WI 54901
Oshkosh:(920) 236-4977
Neenah:(920) 727-2880