Rights of Victims in Municipal Court Cases

It is the policy of the DeForest/Windsor Municipal Court that, to the extent consistent with the Wisconsin Statutes, the victims of any municipal ordinance violation which could be charged as a crime under the Statutes shall have the following rights:

 

· To have reasonable attempts made to receive notice of hearings or court proceedings.

· To attend court proceedings in the case.

· To be accompanied by a service representative.  A service representative is a member of an organization or victim assistance program who provides counseling or support services free of charge.

· To request an order for, and to be given the results of, testing to determine the presence of a communicable disease, including sexually transmitted disease, in any case where there is the possibility of transmission of such from an offender to the victim.

· To be provided a separate waiting area.

· To have, at his or her request, the opportunity to consult with intake workers and prosecutors.

· To have the prosecutor or law enforcement agency make a reasonable attempt to contact the victim concerning the victim’s right to make a statement.

· To provide statements concerning sentencing or disposition.

· To have the court provided with information pertaining to the economic, physical and psychological effect of the crime upon the victim and have that information considered by the court.

·  To restitution where applicable.

·  To judgment for unpaid restitution.

· To have any stolen or other personal property returned by law enforcement agencies as soon as possible after it is no longer needed as evidence.

· To receive information from law enforcement agencies about contacting intake workers or prosecutors, suggested procedures to follow if he or she is subjects to threats or intimidation arising out his or her cooperation with law enforcement, and contact numbers for victim assistance or services.

·  To request information from a prosecutor regarding the disposition of a case involving an ordinance violation of which he or she was the victim.

 

Victims in Municipal Juvenile Court Cases:

 

Victims of juvenile offenses or violations have all of the rights granted to the victims of adult offenses, except that statutory procedures must be followed in obtaining the release of certain information in order to advance the public interest of keeping juvenile matters confidential.  Victims of juvenile violations have the right to notice of the following:

 

·  The procedures under the statutes for obtaining the identity of the juvenile and the juvenile’s parents.

·  The procedure under the statues for obtaining the juvenile's police records.

·  The potential liability of the juvenile’s parents.

·  Information regarding any decision to close a case, any deferred prosecution agreement, any consent decree, or any dispositional order.

 

*  The information may not include any information that deals with sensitive personal matters of the juvenile and the juvenile's family that does not directly relate to the act or alleged act committed against the victim.

 

 

Contact Information:

 

Requests for information regarding notice of proceedings or judgment entered in a case should be made in writing, should identify the offender, and should verify that the person requesting the information is the victim of the offense.  Requests may be submitted to:

 

Clerk of Court

Village of DeForest Municipal Court

120 S Stevenson St.

DeForest, WI 53532

(608) 846-6782

(608) 846-0945

 

Victims who wish to make a statement, or have other questions or concerns about the disposition of a case may contact the appropriate prosecuting attorney:

 

Village of DeForest Prosecutor                      

Attorney Dan Evans
Reuter, Whitish & Evans, S.C.        

44 East Mifflin St., Suite 306            

Madison,WI 53703

(608) 250-9053

 

Village of Windsor Prosecutor

Attorney Kyle Engelke

Stafford Rosenbaum LLP
222 W Washington Avenue, Suite 900
Madison, WI 53701
(608) 259-2690

 

Published January 15, 2003

Update October 31, 2013