I was a victim of a crime. Do I need an attorney?
No. Since the Prosecutor’s Office files the criminal charges on behalf of the State of Indiana, it is the State that prosecutes. If you are the victim, you become a witness and do not need your own attorney.
Where can I go if I need assistance?
The Victim Assistance Coordinator at the Wayne County Prosecutor’s Office is available to answer questions and address your concerns. If you would like information about your pending case or where to go for other services, call (765) 973-9394. Ask to speak to Melissa.
What should I do if the defendant’s attorney contacts me?
If you’re contacted by a defense attorney, please call the deputy prosecutor assigned to your case immediately. Defense attorneys do have a legal right to interview and ask you questions, but you have the right to have someone from the Prosecutor’s Office with you at the time.
Where are the courts located?
Superior Court III is located on the second floor of the Courthouse. Circuit Court, Superior I and Superior Court II are located on the third floor of the Courthouse.
How might I be notified if the person in jail posts bail/bond?
Indiana SAVIN (statewide automated victim information and notification) allows Indiana residents to receive real-time information about the custody status of offenders in all 92 counties. Users can register to be notified about an offender’s placement, release, transfer, or other change. There is no cost to use the service and users can access offender information by telephone or the internet. While SAVIN is highly reliable, there is always the possibility of technical or human errors. You should not rely solely on the SAVIN system or any other information system for protection.
SAVIN – http://indianasavin.in.gov/, is available 24 hours a day, seven days a week, and operators will be available around the clock to answer questions or assist callers. Crime victims are anonymous while using the system. Also a call center is available to answer any questions at 1-866-891-0330.
How will I know when to come to court?
If you are to be called as a witness in the trial, you will receive a subpoena in the mail as the court date approaches. A subpoena is a court order for you to appear in court. If you fail to appear, the judge may issue a bench warrant for your arrest.
What If I’m called as a witness by the Prosecutor’s Office and I don’t want to testify?
If you are called to testify in a criminal case, you must appear in court. With the exception of a serious documented illness, the judge may issue a warrant for your arrest if you fail to appear. Reasons such as transportation, child care and employment will not be accepted. Employers are required by law to allow employees to appear in court if they receive a subpoena.
When does sentencing take place?
Once a defendant is found guilty or pleads guilty to a crime, the judge will set a sentencing date. The probation department will prepare a “pre-sentence investigation” report that contains information about the defendant, such as prior criminal history, conduct while in jail waiting trial, education, family history and statement from the defendant to the court. This document is not public information.
Victims have a legal right to be present at sentencing and to give testimony. Sometimes victims will take the stand and answer questions from the prosecutor or a deputy prosecutor about how this crime has affected him or her. Others choose to read a written statement or to have someone else read it for them on their behalf.
What are the possible sentences a defendant may receive?
If convicted, a judge may impose a range of penalties upon a defendant. Those penalties include jail or prison, probation, home detention, community service work and financial restitution or fines. The sentencing guidelines for the State of Indiana define the minimum and maximum length of sentence that a judge may impose.
Murder: 45 – 65 years A Felony: 20 – 50 years ****B Felony: 6 – 20 years ****C Felony: 2 – 8 years ****D Felony: 6 months – 3 years ****A Misdemeanor: 0 – 1 year ****B Misdemeanor: 0 – 180 days ****C Misdemeanor: 0 – 60 days
I’ve heard that the State of Indiana has money to help crime victims. How do I apply for this money?
The State of Indiana, through the Indiana Criminal Justice Institute (ICJI), does manage a fund that will compensate victims for things such as uninsured medical expenses due to injury, burial expenses, loss of wages and counseling. This fund does not cover property damage.
Contact ICJI, Violent Crime Compensation, at 1-800-353-1484 for application forms or contact a victim advocate with the Prosecutor’s Office. The suspect does not have to be in custody or criminal charged filed for your to qualify, but you must be willing to cooperate with an investigation/prosecution.
You must apply within 180 days of the crime and the limit is $15,000.
Might I receive money for damages through a criminal trial?
The purpose of a criminal trial is to punish the defendant with “loss of freedom” through actual jail or prison time, probation, home detention or other restrictive measures. In some cases, a judge may order the defendant to pay financial restitution to a victim for losses that he or she incurred, such as loss of money, medical bills or damage to property. This restitution does not cover things such as emotional distress. If the defendant cannot pay back the restitution during their probation period, it will become a civil judgment that allows the victim to pursue garnishment of wages or put a lien on the defendant’s property.