Victim Impact on Wisconsin Criminal Cases
Just how a victim can impact a criminal case was profiled this week in this article from Gannett Wisconsin Media. As it states, Wisconsin led the way in victim’s rights when lawmakers passed legislation in 1993 protecting victims and giving them several guarantees, one of which was the right to talk with prosecutors regarding the case.
In the past, victims were not truly represented in the court process. While the prosecution often shared their opinion in the case, the prosecution was representing the State’s interests. Oftentimes, the victims opinion or concerns wouldn’t be heard until they were called as a witness (something many are reluctant to do).
Now, however, prosecutors discuss potential plea bargains and other case specifics with the victims. Just how much weight they give to the victim’s views varies on the case specifics.
A victim doesn’t have any power to veto a plea agreement if they don’t agree with it or insist the prosecutor drop charges. But, they can feel better about the case if they have someone able to explain why a certain plea deal would be beneficial to all parties.
It makes sense that a victim of assault, for instance, would feel angry if their suspected aggressor didn’t get punished in a way they felt was appropriate. But being able to discuss why a plea agreement took place may help set their mind at ease.
There are cases where it can seem, from the defendant’s point of view, that the system is more interested in pleasing the alleged victim than seeking true justice. This is especially true when the victim is a woman or child. It’s in cases like these that a defense attorney’s help can be essential.
If you’re facing charges like domestic assault and you feel like everyone has already judged you, you need an advocate. Your defense attorney’s job is to look out for your best interest and ensure your rights are protected at every stage of the game.
When a crime occurs, it’s important that victims get support. However, in a court of law the defendant is innocent until proven guilty and should be treated as such.
If you’re up against criminal charges, no matter how serious, I can help. Contact me today for a free consultation on your case and we can discuss the best course of action for you to take.
