If you don't report the crime, you cannot exercise your rights. No investigation will occur. No one will be arrested and tried in court.
Within 24 hours after the initial contact with the law enforcement agency that will investigate that crime, that agency shall give to the victim the following information in writing:
They may interview witnesses, take photographs of the crime scene, look for fingerprints, etc.
If law enforcement thinks their investigation has gathered enough evidence, they will submit a warrant request to the prosecutor with suggested criminal charges. The prosecutor may ask law enforcement to do further investigation. If there is sufficient evidence, the prosecutor may authorize an arrest warrant.
Law enforcement takes the suspect into custody and lodges them in the county jail.
After arrest, the defendant is brought before the District Court and informed of the charges against them. They are advised of their right to an attorney.
The defendant either pleads guilty, not guilty, or stands mute (meaning they don't plead at all, which the court treats as a not guilty plea). If they plead guilty or no contest, they may be sentenced on the spot, or a sentencing date will be scheduled.
If the defendant pleads not guilty, the judge then sets bond (bail) and sets a date for a pre-trial conference. Most defendants are released on bond. A victim may contact the county jail to find out if the defendant has been released.
Victim Rights and Information
Not later than 7 days after the defendant’s arraignment for a crime, the Prosecuting Attorney’s Office shall give to the victim the following information in writing:
You also have the right to:
Only Upon Request
To take advantage of the following rights, you must notify the Victim Assistance Coordinator in the local Prosecutor's office by completing and returning the Right's Requested Form. You must also keep the Victim Advocate informed of your current contact information.
You have the right to:
If the defendant pleads guilty prior to a trial, they may be sentenced that day, or a hearing date for sentencing will be scheduled.
If there is no guilty plea, a trial may be heard by the Judge, or by a jury.
During trial, the defendant is not required to testify or to present any evidence, and is not required to prove his or her innocence.
The Prosecutor must prove the defendant's guilt beyond a reasonable doubt.
Following the trial, either the Judge or the jury renders a decision of guilty, or acquittal of the charges. If the defendant is found guilty, the Court will either sentence that day, or set a sentencing date.
If the conviction is for a serious misdemeanor (PDF), the victim may submit a written or oral impact statement to the Court.
The Court will then sentence the defendant. A sentence may include a fine, probation, community service, and/or a term in jail or prison.
A victim of any misdemeanor may request restitution. If properly documented, the Court must order the defendant to make restitution to the victim.
Your victim advocate in the prosecutor's office can assist you with any questions you may have.
Victim Rights and Information
To take advantage of the following rights, you must inform the Sheriff (if the defendant is sentenced to the county jail) or the Department of Corrections (if the defendant was sent to prison or placed on probation) that you want to be notified.
You must also keep the Sheriff or Department of Corrections informed of your current contact information.
Only Upon Request
You have the right to:
If the victim asks, the Prosecutor will keep them informed of any appeal or other post-conviction proceedings.
If an appeal is filed with the Court of Appeals, you can search for the status and documents in the case using the Court of Appeals' website.
