Office of Crime Victim Services   

Juvenile Court Frequently Asked Questions

♦ What happens after the crime?
♦ What happens after a juvenile meets with a juvenile intake worker?
♦ What do I do if the offender’s investigator or attorney wants to talk to me?
♦ What should I do with the subpoena?
♦ Do I need to bring anything with me to court?
♦ How often will I be required to appear in court?
♦ What if the court dates conflict with my job?
♦ Why are there delays in holding the trial?
♦ Will I be paid for my time spent as a witness?
♦ What kind of disposition (sentence) can be given to a juvenile offender?
♦ How will I know what happens to the juvenile offender?
♦ What is restitution and how does it work?
♦ Is there any other way to recover my losses?
♦ How do I obtain the juvenile and the juvenile’s parents names?
♦ Can I get a copy of the police report?

Within 24 hours after the first contact with law enforcement, you should receive information from law enforcement regarding your rights, crime victim compensation, and contact information for the juvenile intake until, juvenile detention facility, victim/witness services and the district attorney (DA).

Most offenses committed by juveniles under the age of 17are handled differently than those committed by older persons. Wisconsin’s Juvenile Justice Code is intended to hold juveniles accountable for their actions and provide services to teach juveniles how to be productive and responsible citizens of our community.

If a juvenile is apprehended for committing an offense, he/she can be held at a juvenile detention facility or be given a date to meet with a juvenile intake worker.

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After law enforcement makes a referral to juvenile intake, the intake worker may:

• Refer the case to the prosecutor (DA). Once a case is referred to the DA’s office for review, the DA must decide whether to issue a petition (charges) against the juvenile or close the case (no charges). If a petition is filed, the DA’s office must provide you with information about your rights including the right to request notice of hearings and an opportunity to confer (speak) with a District Attorney prior to a plea hearing. If the DA determines that no charges will be issued and closes the case, the DA’s office must notify you of that decision. 
• Recommend a Deferred Prosecution Agreement (DPA). A DPA is handled informally and does not get referred to the prosecutor for formal charges. A DPA can be for a time period of six months to one year, and a juvenile is required to meet certain conditions. You have the right to request to confer with an intake worker prior to a juvenile entering into a DPA. Additionally, you must be notified of the agreement, which may include conditions such as payment of restitution or community service. If a juvenile fails to meet the DPA conditions, the case may be referred to the DA’s office and reviewed for charges.
• Not pursue any action on the referral from law enforcement. Juvenile intake is required to notify you that there will be no further action.

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Always make sure you know with whom you are talking; you can asked for identification. You can choose not to speak to the person, and you may also ask to have a police officer or district attorney with you during the interview. If you decide to talk with the person, give clear and precise statements and be aware that anything you say may be used in court.

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Read the subpoena carefully. It may direct you to call the DA’s office or the V/W Program the day before the court appearance or it may provide other information or instructions. Please bring the subpoena with you to court and be prepared to provide your social security number in order to obtain witness fees.

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Unless your subpoena gives you specific instructions to bring certain items to court (such as records or books), you do not need to bring anything. Be prepared to wait. Often there are a number of scheduled court events on any given date.

You may want to bring a book or magazine and a snack. While you have a right to attend all court proceedings, the court may exclude you from portions of the hearing that involve sensitive or personal information about the juvenile.

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The only time you must go to court is when you receive a subpoena. You have a right to be present at any court hearing in juvenile matters. The judge may exclude you from portions of a hearing that related to sensitive personal matters of the juvenile and the juvenile’s family and that does not directly relate to the act committed against you. As a crime victim, you have a right to request notice of all hearings for your case.

If you are subpoenaed to a court hearing, you may not be able to attend the entire hearing as the court may order sequestration.

You will be notified each time you are needed, and told, whenever possible, if the case has been delayed or cancelled. Therefore, it is very important that the DA’s office and the V/W Program have your current address, telephone number or contact number.

• In juvenile matters, usually you will only be needed at the fact-finding hearing (court trial).
• In some cases, you may be required to appear for motion and/or disposition (sentencing) hearings.
• You may want to appear at the disposition hearing or consent decree hearing and provide the court with information about how the crime affected you and your family emotionally, physically and financially (Victim Impact Statement). A victim impact statement may be made orally and/or in writing.

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Wisconsin law forbids employers from firing employees because they have been called to testify in a criminal proceeding, even if the employee’s testimony is against the employer or involves a work-related incident. Employees are required to give their employers prompt notice of the subpoena. If you need assistance with an employer about being subpoenaed to court, contact the V/W Program.

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An attorney may ask for more time to prepare the case or to locate an important witness. Trials are sometimes also delayed because the judge or one of the attorneys has a schedule conflict. Sometimes court must be cancelled at the last minute. Every effort is made to notify you in advance.

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You will receive a nominal witness fee for each day you are subpoenaed to appear in court. You may be entitled to a transportation allowance. The Victim/Witness Program can provide assistance on how to apply for witness fees. You may need to provide your social security number in order to receive witness fees. If you do not receive your witness fee within two months after your appearance in court, contact the V/W Program for further assistance.

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What kind of disposition (sentence) can be given to a juvenile offender?

Unlike the adults system, the juvenile justice system does not have minimum and maximum penalties. The juvenile intake worker prepares a court report, which includes a disposition recommendation. Courts determine a disposition they believe fits the needs and treatment plan for the juvenile and protect the community. A judge shall order one or more of the following dispositions:

• Counseling.
• Supervision (Probation) - for a period up to one year. Conditions will be set by the court that the juvenile must comply with during the probation period.
• Placement-a juvenile may be ordered by the court to reside in:
• a group home;
• Out of home placement (such as foster care or a relative’s home);
• a detention facility for a period up to thirty days;
• a Type 2 Child Caring Institution (CCI) – A placement in a CCI is designed to provide care and treatment to juveniles in an out of home placement facility;
• the juvenile’s home.
• Electronic monitoring.
• Serious Juvenile Offender (SJO) program – a disposition option for the court when a juvenile is found delinquent of committing certain serious offenses.
• Correctional Placement – for a period of up to two years in a secured correctional facility.
• Restitution.
• Community service.
• Assessment for treatment needs.
• No-contact order.
• Curfew.
• Attendance in an educational program.

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You have the right to be informed of the disposition (sentencing) information. The DA’s office will provide that information to you after the dispositional hearing. If the juvenile was sentenced to a correctional facility, you have a right to receive information about his/her release from a secured juvenile correctional facility. In order to be contacted about a juvenile’s release from a correctional facility, you must register for notification of release.

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What is restitution and how does it work?

If a juvenile is found delinquent (guilty), or enters into a consent decree or deferred prosecution agreement, the juvenile may be required to pay for financial losses you suffered as a result of the crime. A juvenile under the age of 14 can only be ordered to pay $250 in restitution. During the dispositional (sentencing) hearing, the DA should ask the judge to order restitution as part of the juvenile court order. Additionally, the court may order the parent(s) to pay restitution.

Juveniles who are in an out-of-home placement or in a secured correctional facility and who owe restitution will make payments to the local Clerk of Court or Juvenile Clerk through the institution or facility.

A juvenile placed on supervision/probation will pay the money to the Clerk of Court’s office or Juvenile Clerk and they will then forward the payment to you.

If you have questions about restitution, ask the DA or V/W Specialist.

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Filing a lawsuit is another option for recovering losses. Civil recovery is an action that is separate from the juvenile court proceedings. Filing a civil action does not stop you from requesting restitution at the time of disposition in the juvenile matter.

As a victim of a juvenile offender, you have the right to file a civil claim against the parent(s) of the juvenile. In a civil suit, the parent(s) of a juvenile can be held liable up to $5,000 ($4,000 for graffiti acts) per act.

If you are interested in filing a civil suit you may want to consult a private attorney who has experience in civil law; however, you are not required to have an attorney in a civil action. You may want to contact your local clerk of courts and learn about filing instructions and fees, damage limits, and the time frame in which you have to file.

In order to file a civil suit, you will need the name of the juvenile and the juvenile’s parents.

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How do I obtain the juvenile and the juvenile’s parents names?

To recover losses from injury or damage, you can go to the law enforcement agency that took your complaint and request that the name and address of the juvenile and the juvenile’s parent(s) be released to you in order for you to file a civil suit.

If you are unable to get the names from law enforcement, you may be able to get the information from the court. Contact your local victim/witness program for more information on how to make requests to the court.

Additionally, a victim/witness specialist may disclose to the victim the name and address of the juvenile and the juvenile’s parents.

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To request a copy of the police report, you can go to the law enforcement agency that took your complaint and request a copy of the police report.

If you are unable to get a copy of the police report from law enforcement, you may be able to get the information from the court. You will need to petition (request) for the release of information from the court. The court will notify the juvenile, parents, juvenile’s lawyer and the police department of the petition. The court may hold a hearing whereby you may have to attend and demonstrate why you are seeking the information.

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