Download PDF

The list below provides an overview of victim and witness rights in Wisconsin.  To obtain a complete list, contact the District Attorney’s Office or refer to: www.doj.state.wi.us/ocvs/victim-rights/your-rights-victim

• To be treated with fairness, dignity and respect for your privacy.
• To not have personal identifiers including email disclosed or used for a purpose unrelated to the official duties of an agency, employee or official.
• To be informed of your rights and how to exercise those rights.
• To information regarding the offender's release from custody.
• To be notified of a decision not to prosecute if an arrest has been made.
• To speak with (confer) the prosecutor representative upon your request, about the possible outcome of the case, potential plea agreements and sentencing options.
• To attend court proceedings in the case.
• To be notified of the time, date and place of upcoming court proceedings, if you so request.
• To be provided with a waiting area separate from defense witnesses.
• To a speedy disposition of the criminal case.
• To have your interest considered when the court is deciding to grant a request for a delay (continuance).
• To be notified if charges are dismissed.
• To be accompanied to court by a service representative. This right is limited to specific types of crimes.
• To ask for assistance with your employer if necessary, resulting from court appearances.
• To request an order for, and to be given the results of, testing the offender for sexually transmitted diseases or HIV. This right is limited to specific types of crimes.
• To provide a written or oral victim impact statement concerning the economic, physical and psychological effect of the crime upon you to be considered by the court at sentencing.
• To have the impact of the crime on you included in a presentence investigation.
• To be provided sentencing or dispositional information upon request.
• To restitution as allowed by law.
• To a civil judgment for unpaid restitution.
• To compensation for certain expenses as allowed by law.
• To have your property expeditiously returned when it is no longer needed as evidence.
• To be notified of the offender's eligibility for parole and to have input into the parole making decision.
• To be notified by the Department of Corrections of specific types of releases, escapes or confinements as provided by law.
• To be notified of a pardon application to the governor and to make a written statement regarding the pardon application
• To contact the Department of Justice about any concerns you may have about your victim rights.

An Assistant District Attorney will be handling this case. Certain members of the Marathon County District Attorney's Office may attempt to contact you concerning this matter. They will identify themselves as an employee of the Marathon County District Attorney's Office. A complete listing of our staff members can be found on the Marathon County website. Please feel free to contact the District Attorney's Office and ask to speak with a member of our victim witness staff at 715-261-1111 if you have any questions or concerns regarding any calls you have received. It is your choice whether you wish to speak with anyone regarding this case. You are not required to speak with anyone regarding this case.

How to Follow Your Case on the Internet

If you are interested in following this case throughout the criminal court process you can register for notifications of court dates and court filings through the Wisconsin Court Access Website.

Community Resources

• Safe At Home: Safe at Home is a statewide address confidentiality program that provides victims of actual or threatened domestic abuse, child abuse, sexual abuse, stalking, and trafficking, or those who simply fear for their physical safety with a legal substitute address to be used for both public and private purposes. For more information, visit the Safe At Home website or call 608-266-6613
• United Way 2-1-1: United Way's 2-1-1 program is a free, confidential information and referral service for health and human service needs. Simply dial 2-1-1 or 800-922-5590.
• Vinelink: Vinelink is a victim notification network which provides victims and concerned citizens with information regarding custody status change and criminal case information. Through this website you may be able to learn if an offender is currently incarcerated and receive alerts regarding change of incarceration status. For more information, please visit: www.vinelink.com
• The Women's Community: The Women's Community is a non-profit organization serving victims of domestic abuse and sexual assault throughout Marathon County. The organization provides multiple services to victims. For more information regarding these services, please visit: www.womenscommunity.org or call 888-665-1234.

Crime Victim Compensation

Victims of violent crime and family or household members of deceased victims may be eligile for compensation through the Wisconsin Crime Victim Compensation Act. To determine eligibility for this program, please visit: www.doj.state.wi.us/ocvs

• Notifying victims in writing when criminal complaints are issued by the District Attorney's Office along with their right to attend all court proceedings, to confer with the prosecutor as to potential outcomes of cases, and the right to be notified of the disposition of the case.
• Contacting victims and witnesses called to Court by a subpoena and giving them information on what could happen at the court proceedings.
• Determining the special needs of victims such as restitution, property return, Crime Victim Compensation, and community resources and referrals.
• Answering questions about testifying in court and providing court support if needed.
• Notifying victims of the verdict in their case in the event of a trial and the date for sentencing if there was a guilty verdict.
• Providing victims an opportunity to provide input, verbally or written, at the time of sentencing as to the impact the crime has had on them.
• Notifying victims and witnesses of the final disposition of their case after sentencing and if restitution has been ordered.

Note: If at any phase of the court proceedings, the defendant changes a plea of not guilty to guilty, the defendant may be sentenced immediately or at a future date.

A Victim Impact Statement (VIS) is your opportunity to let the Judge know how this crime has affected you and your family. The topics listed below are only suggestions of the areas you may wish to cover. You do not need to address every issue and you are NOT limited to these suggestions. Write what is important to you. You may submit a written statement or make a verbal statement to the court. If you are hesitant about speaking in the courtroom, upon request a member of Victim Witness or an Advocate from The Women's Community may read your statement for you. Please contact Victim Witness if you intend to complete a VIS as soon as possible.

If you elect to provide a written statement, the statement will be filed with copies provided to the Judge, District Attorney, the Defense Attorney and/or the defendant. It may be handwritten (legibly) or typed. Please make sure to include your name, date, and the DA Case Number associated with the case. If you do not know the case number, please contact Victim Witness.

This is your chance to show the court how being a victim has changed your life and your feelings about sentencing.

Topic suggestions for Victim Impact Statements

• “Were there physical injuries associated with the crime?” (If so, to what extent?)
• Was medical attention required? What medical expenses do you have? (You must notify Victim Witness ASAP if you are making a restitution request for these expenses. It is your duty to make a request and to provide documentation to support the request.)
• Were you or your family emotionally impacted as a result of the crime/incident charged? Did you have to seek counseling due to the effects of this crime?
• Were you or your family financially impacted as a result of the crime/incident?
• How has this crime affected you and/or your family’s lifestyle?
• Do you have any thoughts or suggestions for the Judge to consider regarding what sentence should be ordered?
• Do not add confidential information in your VIS (it will be shared with the parties.)
• Do not recount the facts of the crime/incident (the purpose is to share impact and opinions on sentencing with the court and is not a debate about what occurred.)
• Do not make any sorts of threats or include false information

The judge will take your statement into consideration during sentencing, but ultimately has the final say in determining the offender's punishment.

• Provides subpoena notification for Court appearances.
• Tells witnesses of delays in the trial or if they will not be needed.
• Places witnesses on call when possible to avoid waiting.
• Takes witnesses from the waiting area to the courtroom at the time they are needed.
• Provides information about the payment of witness fees.
• Provides support for witnesses while they testify.

A witness fee of $16 plus mileage (amounts set by law) will be paid to all witnesses through the Clerk of Courts Office after a witness appears. Witnesses must bring their subpoenas to Court in order to receive this fee. It will be mailed approximately three to four weeks after the Court appearance.