What are my rights as a victim of a crime?
Wisconsin has a "Bill of Rights" for victims. You have the right to be told the case's outcome. Your rights include having any of your property that was held as evidence returned to you as quickly as possible. You also may be eligible for reimbursement of lost wages, medical expenses, and replacement costs for clothing held as evidence. The court may require reimbursement of your financial loss, called "restitution," by the perpetrator of a crime.
Who do I talk to if I am a victim of a crime?
You must report the crime to the police within five days and cooperate with them. Most district attorney's offices have a victim/witness unit that keeps you informed about the case. You also can call the Wisconsin Victim Resource Center toll-free at (800) 446-6564 to get more information on victim compensation.
What happens if I receive a subpoena?
If you're a witness in a case, you may receive a subpoena to attend a deposition or to testify in court. A subpoena is a court summons to appear at the time and date designated. You should be provided a statutory witness fee following your testimony. This is a set amount that all witnesses receive for testifying. You also are entitled to reimbursement for the mileage to the deposition or court. If you do not obey a valid subpoena, you can be held in contempt of court and face monetary penalties and jail.
Some subpoenas also may require you to bring documents with you to the deposition or to court. These subpoenas are designated as "subpoena duces tecum." If documents are requested, you are required to make a good faith effort to locate any documents requested that are in your control and bring them with you.
Why do I have to go to court when I have given a statement or deposition?
There are rules of law that permit the jury to weigh the witnesses's credibility by direct and cross examination. This means that you must appear before the jury or judge so that they may have the best evidence available to assist their decision. The prior statement or deposition was used by the attorneys to prepare for trial. Your testimony at court is necessary to determine the merits of each party's case.
What will happen at a deposition?
A deposition usually is done at an attorney's office. It is attended by the attorneys representing the parties to the case and a court reporter. You may have your own attorney represent you if you hire one. You will be asked to take an oath to tell the truth. The attorneys will ask you questions about the case. They may ask you some background questions as well. It is important to answer all questions truthfully and to the best of your recollection.
What will happen in court?
You will be asked to take an oath to tell the truth. You will be questioned by the attorneys for each of the parties. If this is a criminal case, you will be questioned by the district attorney and the defendant's attorney. The judge also may ask you questions or direct you not to answer a question. Remember it is important to answer questions truthfully and to the best of your recollection.
Last updated: September 2005 | 
