Victim Rights Request Form [PDF]

The Wisconsin Constitution provides crime victims with the following rights:

• • To be accompanied to court by a service representative, in certain cases.
  • To attend court proceedings, subject to any sequestration order. The court may require victims to exercise this right by telephone or other available means, if the victim is incarcerated, under arrest, or committed to a treatment facility, and the victim does not have a representative.
  • To be treated with dignity, respect, courtesy, sensitivity and fairness.
  • To privacy*.
  • To proceedings free from unreasonable delay.
  • To timely disposition of the case, free from unreasonable delay.
  • Upon request, to attend all proceedings involving the case.
  • To reasonable protection from the accused throughout the criminal and juvenile justice process.
  • Upon request, to reasonable and timely notification of proceedings.
  • Upon request, to confer with the attorney for the government.
  • 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.
  • 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.
  • Upon request, to timely notice of any release or escape of the accused or death of the accused if 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 accused or any person acting on behalf of the accused. To full restitution from any person who has been ordered to pay restitution to the victim and to be provided with assistance collecting restitution.
  • 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.
  • Additionally, the Wisconsin Statutes afford crime victims additional rights including but not limited:
  • To ask a Circuit Court Judge or Court Commissioner to promptly review your case if you believe your victim rights have been violated.You may also file an appeal with the Court of Appeals and Supreme Court asking for a review of the Circuit Court Judge or Court Commissioner’s decision if you believe the decision does not protect your crime victim rights.
  •  To have his/her interests considered when the court is deciding whether to grant a continuance of any hearing in the case.

  • To be provided a waiting area in court

  • To be provided with appropriate intercession services to ensure that employers of victims will cooperate with the criminal justice process in order to minimize loss of income or benefits resulting from court appearances.

  • To request an order for and to be given the results of testing to determine the presence of sexually transmitted disease or of any strain of human immunodeficiency virus (HIV) in certain cases.
  • To have the pre-sentence investigation writer, in cases in which a pre-sentence investigation is ordered, make a reasonable attempt to contact the victim.
  • To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence.
  • To complain to the Department of Justice concerning the treatment of crime victims and to request review by the Crime Victim’s Rights Board of the complaint.

 *Victim Privacy Rights and Safety

The Chippewa 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 these 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. § 971.23. 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 assisting outside 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 the Victim Witness Office at 715-726-7733 to discuss how we can best serve your interests.

Witnesses Have the Right:

• To request information from the district attorney about the final outcome of the case.
• To notice that a court proceeding to which a witness has been subpoenaed will not go on as scheduled, in order to save an unnecessary trip to court.
• To receive protection from harm and threats of harm arising from witness cooperation with law enforcement and prosecution efforts, and information as to the level of protection available.
• To information about financial assistance and other social services available as a result of being a witness of a crime, including how to apply for the assistance and services.
• To information on the procedure to be followed in order to apply for and receive any witness fee to which a witness is entitled.
• To be provided a waiting area.