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THE RIGHTS OF CRIME VICTIMS
Wisconsin law provides crime victims with the following rights:
- 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 accompanied to court by a service representative, in certain cases.
- To a speedy disposition of the case in order to minimize the length of time a victim
must endure the stress of their responsibilities in connection with the case.
- To have his/her interests considered when the court is deciding whether to grant a
continuance of any hearing in the case.
- To have his/her interests considered by the court in determining whether to exclude
persons from a preliminary hearing.
- To be provided a waiting area in court.
- To apply for financial assistance from the Office of Crime Victim Compensation, in
certain cases. Assistance is available in violent crimes and does not cover property
losses. To obtain more information about crime victim compensation, call (608) 266-6470.
- 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.
- Upon request, the opportunity to consult with the district attorney concerning the case
and possible outcomes of the prosecution, including potential plea agreements and
sentencing recommendations. This right does not limit the obligation of the district
attorney to exercise his or her discretion concerning the handling of any crininal charges
against the defendant.
- Upon request, the opportunity at sentencing to make an oral statement or a written
statement to be read in court, relevant to sentencing.
- To have the presentence investigation writer, in cases in which a presentence
investigation is ordered, make a reasonable attempt to contact the victim.
- To request that the court order restitution, and to docket a civil judgment for unpaid
restitution.
- Upon request, to receive information about the outcome of the case.
- To have any stolen or other personal property expeditiously returned by law enforcement
agencies when no longer needed as evidence. If possible, all such property, except
weapons, currency, contraband, property subject to evidentiary analysis and property the
ownership of which is disputed, shall be returned to the owner within ten (10) days of
being taken.
- To complain to the Department of Justice concerning the treatment of crime victims and
to request review by the Crime Victims Rights Board of the complaint.
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