FAQs • Lee County, IL • CivicEngage

What are my rights as a victim?

Under Section 8.1 of Article I in the Illinois Constitution, crime victims, shall have the following rights:

The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
The right to notification of court proceedings.
The right to communicate with the prosecution.
The right to make a statement to the court at sentencing.
The right to information about the conviction, sentence, imprisonment, and release of the accused.
The right to the timely disposition of the case following the arrest of the accused.
The right to be reasonably protected from the accused through the criminal justice process.
The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.
The right to have present at all court proceedings, subject to the rules of evidence, an advocate or another support person of the victim's choice.
The right of restitution.

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State's Attorney - Victims / Witnesses

Under Section 8.1 of Article I in the Illinois Constitution, crime victims, shall have the following rights:

The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
The right to notification of court proceedings.
The right to communicate with the prosecution.
The right to make a statement to the court at sentencing.
The right to information about the conviction, sentence, imprisonment, and release of the accused.
The right to the timely disposition of the case following the arrest of the accused.
The right to be reasonably protected from the accused through the criminal justice process.
The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.
The right to have present at all court proceedings, subject to the rules of evidence, an advocate or another support person of the victim's choice.
The right of restitution.

2. What is restitution?: The Victim-Witness Coordinator assists in the financial reimbursement of victims who have suffered out-of-pocket expenses resulting from a criminal offense. Restitution will cover out-of-pocket expenses, losses, damages, and injuries suffered by the victims as a result of the defendant's actions.

3. Am I guaranteed restitution?: Not all restitution is guaranteed. For instance if a defendant is found not guilty, you will have to pursue restitution through civil litigation.

4. How quickly will I receive restitution?: Unfortunately, restitution does not always come when a defendant pleads guilty. There is normally a date given to the defendant by which all payments must be made. In some cases, a defendant found guilty may refuse to pay or is unable to comply with restitution. The State's Attorney will attempt enforcement procedures against the defendant. If the defendant is unable to fulfill the restitution other forms of sentencing may be considered and will be done at the discretion of the court.