- Questions About Criminal Court
Back to For Victims
♦ Why have I been
given a subpoena?
♦ What is expected
of me as a witness?
♦ Where do I go?
♦ How often will I
appear in court?
♦ What if court dates
conflict with my job?
♦ What does "ON
CALL" mean?
♦ Do I have to bring
anything along?
♦ What if the
defendant's investigator or attorney wants to talk to me?
♦ Why are there delays
in holding the trial?
♦ Everyone seems
focused on the rights of the defendant. Why is that?
Why have I been given a subpoena?
You are being asked to serve as a witness in a criminal proceeding. A
subpoena lists the date, time, place and proceeding in which your testimony is
required.
Do not ignore a subpoena. You will be notified if the case is
canceled. If you fail to appear, you could be charged with contempt of court.
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What is expected of me as a witness?
You have seen, heard or know something about a crime that has been
committed. In order to make correct decisions a judge or jury needs to hear all
of the evidence. Your testimony is one way to present that information and may
be needed to convict the defendant.
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Where do I go?
The location of the court where your case will be heard is listed on
your subpoena. Your Victim/Witness Specialist may provide maps, parking
information or directions to a victim/witness waiting area.
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How often will I appear in court?
Each case is different. However, generally as a witness:
If the case is a misdemeanor, you will often only be needed at the trial.
If the case is a felony, you may be needed for the preliminary hearing
and the trial.
In some cases, you may be required to appear for motion and/or sentencing
hearings.
You will be notified each time you are needed and, whenever possible, if the
case has been delayed or canceled.
It is very important for the DA's office and Victim/Witness Assistance
Program to have your current address and phone number.
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What if court dates conflict with my job?
Wisconsin law forbids employers from firing employees because they have
been called to testify in a criminal or juvenile proceeding. An employer may not
decrease or withhold pay for lost work time 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.
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What does "ON CALL" mean?
Some subpoenas ask you to phone the DA's office the day before your
court appearance. Please call--you may learn a more exact time schedule and
avoid unnecessary waiting. Every effort is made to reduce your time away from
home or work.
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Do I have to bring anything along?
If there are no specific instructions on your subpoena to bring records,
books or other items to court, it is not necessary to bring anything.
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What if the defendant's investigator or attorney wants to talk
to me?
You can decide whether to discuss the case with the defendant's legal
advisors. Always make sure you know who you are talking with when you discuss
the case. Ask for identification. You may ask to have a police officer or
district attorney with you during the interview. Give clear and precise
statements. Be aware your statements may be used in court.
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Why are there delays in holding the trial?
The defendant's attorney may ask for more time to prepare the case, or
to locate an important witness. Trials are sometimes delayed because the judge
or one of the attorneys has a schedule conflict with the proposed court date.
Some delays arise at the last minute, but every effort is made to notify victims
and witnesses and save them unnecessary trips to the courthouse.
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Everyone seems focused on the rights of the defendant. Why is
that?
In our country, any person accused of a crime is presumed to be innocent
until proven guilty beyond a reasonable doubt. That person also has a right to
face their accusers in a court of law. Our criminal justice system requires many
painstaking steps to protect these rights. The system is designed to make sure
innocent people aren't sent to prison. As a result, court proceedings often seem
cumbersome or confusing. Although it may seem the system puts the rights of the
accused ahead of the victim's needs and concerns, it is important to remember
that prosecutors, judges and others in law enforcement are working hard to make
sure the correct person pays the consequences of the crime.
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