Victim Services

Frequently Asked Questions

1. How does a complaint become a criminal case?

   First, a report needs to be made with law enforcement. Local law enforcement officers will investigate the case and, if they feel there is sufficient evidence, they will forward the report to our office. The prosecutor assigned to the case will review the report which could take several weeks. They look at the evidence and determine if a crime was committed and if charges will be filed.

2. What is a subpoena?

   A subpoena is an official court order requiring you to appear at the time and place it specifies—usually to provide testimony. You should bring your subpoena with you when you appear. If you fail to appear in court as specified on your subpoena, you could be held in contempt of court.

3. What is a Preliminary Hearing?

   The purpose of a preliminary hearing is to decide whether there is sufficient evidence that a crime was committed and that the suspect is the person who probably committed the crime. The suspect and defense attorney will be present, and you may be called to testify. After the prosecutor questions witnesses, they are usually cross-examined by the defense. If the judge determines that there is sufficient evidence, an arraignment date is set in Circuit Court. If the judge decides there is not enough evidence, the case will be dismissed and the subject discharged.

4. What if I change my mind about prosecuting or testifying?

   Many people incorrectly believe a victim has the power to “press charges” or “drop charges” against the accused. All crimes are considered offenses against the state, not only the victim. Only the attorney prosecuting the case can decide to file or dismiss charges, though the victim's opinion is important in that decision. A variety of factors are taken into account when deciding whether to honor a victim's request not to proceed with prosecution, including the severity of the alleged crime, the extent of the defendant's criminal history and, future danger to the community.

5. What if someone threatens me to drop the charges?

   If anyone has threatened you in connection with the criminal case or pressured you to drop charges, contact law enforcement immediately to file a report. In addition, you should contact the prosecuting attorney's office with this information. The individual could possibly be charged with victim/witness tampering.

6. What if the defense attorney or someone from that office contacts me about the case?

   An attorney or investigator who represents the defendant in this case may contact you. You may speak with them or answer their questions if you choose; however, you have the right to refuse or to request that an attorney from the prosecuting attorney's office be present.

7. Can I be compensated for losses I have suffered as a victim of crime?

   Your insurance company may provide coverage for your personal injury or property loss due to a crime. If the defendant is placed on probation, the court may order the offender to pay restitution to compensate you for your injuries, damages, or loss. However, restitution cannot be guaranteed and may not be possible in all circumstances. The Crime Victims' Compensation Fund may cover certain out of pocket losses as a result of personal injury or death. You may also consider pursuing a civil suit to recover damages.

8. How long will it take before the case is resolved?

   A misdemeanor case will usually take anywhere from six to nine months to be disposed of. A felony case takes longer because of the number of motions and hearings that take place. The average amount of time it takes for a felony case to be disposed of is nine months to a year.

9. Should I be concerned if months pass without hearing from the court or the prosecuting attorney's office?

   Given the large number of pending criminal cases, it may not be possible to keep you informed of every court date. Please realize that we are continuing to work on your case even if you haven't heard from us and will keep you informed of any changes in the status of the case. Please do not hesitate to contact the Victim Response Team or the prosecutor assigned to your case if you have any questions or concerns.

10. When will I receive my money once restitution has been ordered?

    If the offender is sentenced to probation and ordered to pay restitution, a payment schedule will be implemented. Payments are made to the clerk of the court who will mail the payments directly to the victim. The offender's initial payments will go toward court costs and the Crime Victims' Compensation Fund. An order does not guarantee restitution will be paid, but failure to make payments could constitute a violation of the conditions of probation.

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