Frequently Asked Questions

Unless you receive a subpoena, you need not talk to a defense attorney, the Defendant, or anyone else connected with the defense. It's all right to ask for identification before you agree to talk to anyone. If the defense wants your statement, they can subpoena you for a deposition (a formal sworn statement) at which the County Attorney will be present. If the Defendant requires a written statement, call your County Attorney.

If you change address or phone number, contact the Sheriff or Police Department investigating your case. If the county Attorney filed a charge, notify that office. If you have been subpoenaed, call the County Attorney's Office before you go to Court to make sure you don't make an unnecessary trip. Court cases are often rescheduled for a variety of reasons.

Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately.

Almost all Defendants are released prior to trial. To ensure the safety of others and the appearance of the Defendant at trial, release is subject to conditions imposed by the court. The conditions may include posting money (bail), hours, travel restrictions, and others. Your County Attorney may ask the court to amend the conditions if necessary.

If you have had property stolen, report it to the nearest law enforcement agency and your insurance company immediately. If it is recovered it may be held for evidence. If you have a real need for your property, call the Department that has your property or the County Attorney. In some cases, you may have to file a claim with the Clerk of Court to get your property back. Usually evidence is returned after the completion of sentencing.

The Court may order convicted Defendants to pay restitution to victims. In case of violent crime, you may also file a claim for reparations with the State. Ask your prosecutor about the program.

There are a variety of special services provided for persons who are victims or witnesses. They include such varied things as reparations, day care, parking, counseling, and others. You may contact your local prosecutor, your local Department of Human Services or a local law enforcement agency if you need assistance in identifying or contacting providers of these service. Services vary greatly from county to county.

Witnesses must appear and truthfully testify under oath when subpoenaed. A subpoena indicates where you should be and when. The prosecutor may ask you to report to the office of the County Attorney first. Bring your subpoena along with you so that you may claim your witness and mileage fees after you testify.

If you have any questions about your testimony, call your County Attorney.

On rare occasions, witnesses are threatened or harassed. Tampering with witnesses and harassment are crimes. If this happens, contact the appropriate law enforcement department and your County Attorney.

Witnesses are entitled to $10 for each full day attendance and $5 for each attendance less than full day, plus an allowance for each mile you traveled. In most counties, take your subpoena to the Clerk of Court to claim your fees. If otherwise, your County Attorney will help you.

When you receive a subpoena, check with your employer to find out what the company policy is regarding your appearances in Court both before trial and at trial. Policies vary widely and can depend on different circumstances. If you would like, your prosecutor handling the case can call your employer or provide a letter, which will explain the need for your appearance.