District Attorney - Iowa County

The goal of the District Attorney’s Office is to deliver fair and effective prosecution to enhance the quality of life in Iowa County through the legal system.

The Office of the District Attorney is created under Chapter 978 of the Wisconsin Statutes. The District Attorney’s Office is responsible for handling criminal matters, forfeiture actions, State and County traffic code and ordinance violations, Department of Natural Resources violations, Juvenile delinquency matter, Children in Need of Protection/Services (CHIPS) matter, Vehicle and Asset forfeitures, Termination of Parental Rights cases, Misdemeanor and Forfeiture Appeals, Inquests and John Doe hearings. The District Attorney’s Office is NOT responsible for civil matters (i.e. small claims).

In addition, the Iowa County District Attorney’s Office provides Victim/Witness Services through the Office of the Victim/Witness Coordinator.

Victim/Witness Services

The Iowa County Victim/Witness Assistance Program Provides:

·Information on criminal procedures and the progress of the case through the court system.

·Support for the victim or witness of a crime. Referral to other sources of help.

·Escort service to court.

·Help to apply for your mileage and witness fees.

·Assistance with preparing a victim statement which describes to the court the effects of the crime on you and your family.

·Assistance to obtain a court order for restitution for financial losses and early return of property.

·Secure waiting rooms are available in our office so that victims and witnesses do not have to share waiting space with the defendant.

·Assistance to apply for the Crime Victim Compensation Program for reimbursement for lost wages, medical expenses, burial expenses and crime scene clean-up.

Rights of Crime Victims

As a crime victim, or family member of a crime victim, you have a right:

·To receive information from the investigating law enforcement agency about your rights as a crime victim.

·To be notified of the criminal charges issued by the District Attorney’s Office, and the procedure for prosecuting those charges.

·To information concerning CRIME VICTIM COMPENSATION and assistance in applying for it (ask a Victim/Witness Coordinator for information).

·To request an opportunity to confer with the District Attorney about the case and possible outcomes.

·To request that reasonable attempts be made to notify you of upcoming court proceedings.

·To attend court proceedings in the case.

·To a separate waiting area.

·To have someone accompany you to court.

·To have your employer contacted to minimize your loss of pay and benefits resulting from your attending court appearances.

·To a speedy disposition of the case.

·To have your interest considered when the Court is deciding to allow a delay in the case.

·To have your property returned to you as soon as it is no longer needed as evidence.

·In certain cases, to request an order by the judge for an offender to submit to a test for sexually transmitted diseases or HIV.

·In certain sexual assault cases, to have the interests of the victim considered by the Court in determining whether to exclude persons from a preliminary hearing.

·To restitution for monetary losses resulting from the crime, and to a judgment for any unpaid restitution.

·To have reasonable efforts made after conviction to inform you of your right to make a statement to the judge at sentencing.

·To have the person preparing the pre-sentence report make reasonable efforts to contact you.

·To make a Victim Impact Statement to the judge at sentencing.

·To have reasonable efforts made to notify you of the conditional release of a defendant committed as a result of being found not guilty by reason of mental disease or defect, of their discharge and home visits.

·To request information about the outcome of a case.

·To have reasonable efforts made to notify you of applications for parole by the offender.

·To have input in the parole decision-making process.

·To have reasonable efforts made to notify you when certain defendants are released or discharged, or when they escape.

·To contact the Department of Justice about any concerns you may have about your treatment as a crime victim.

It is important you contact the Victim/Witness Coordinator for information about how to exercise these rights.

Victim Impact Statement

Restitution Information

Request for Notification/Request to Confer with Prosecutor Form

Worthless Check Procedures

The following are some important things to remember when trying to collect restitution on worthless checks:

We MUST have either a valid Wisconsin Driver’s License number or Wisconsin State ID number or a date of birth in order to issue a criminal complaint and to prosecute. People who write worthless checks are often transients and are therefore difficult to locate. As a word of caution, you should be aware that some criminals have put incorrect driver’s license numbers on their pre-printed checks. Make sure that you or your employees verify the number by asking to see the actual license.

Make sure you include who accepted the check. It is possible that we would need that person as a witness if the case proceeds.

We cannot process out-of-state checks. Please be advised that you accept these checks at your own risk.

Although the “Issuance of Worthless Checks” letter states the signer of the check has 5 days to respond to you, please wait a total of 20 days after the letter is sent to the issuer of the bad check before referring it to our office for prosecution.

The letter you send to the issuer of the worthless can be sent via regular mail to the address on the check or the last known address of that person.

The contact at the Office of the District Attorney is Lindsey, (608) 935-0393. Please feel free to call her with your questions and send all documentation to her attention.

Detailed Procedures

1. If the check is stamped “ACCOUNT CLOSED”, complete a worksheet and send it in to our office with the original check(s). Also include any original bank statement(s) showing any fee you incurred for the return of the worthless check(s). No further steps are necessary. If the check is marked something other than account closed, follow the instructions below.

2. In order to prosecute on a worthless check, the check must meet the following conditions:

It must be issued by a Wisconsin resident; we cannot prosecute out of state checks;
It must be written with a simultaneous exchange of goods/services, no post-dating;
The amount must be in excess of $20.00;
It cannot bear the stamp “Payment Stopped;”
It cannot have been accepted as a partial payment; and
It cannot be a two-party check.
We may or may not be able to prosecute checks that are marked “Refer to Maker”. These cases will have to be evaluated by the District Attorney to determine whether or not we can prosecute.

3. You MUST have a valid driver’s license number or state ID number or a date of birth in order for our office to locate and prosecute the person who wrote the check. Remember that preprinted checks can “say” anything. Be sure to verify that the numbers on the check and the numbers on the actual license or ID are the same.

4. Give written notice to the check issuer (the person that signed the check) via regular mail to the address listed on the check or to the last known address.

*Note: It is no longer required that notice be sent certified restricted mail or given by Sheriff’s service.*

5. Wait 20 days from the time you send the check issuer notice even though the notice says “5” days.

6. If payment is not received by you, send us a completed worthless check worksheet along with the original check, a copy of the letter you sent to the issuer, and any fees incurred from the worthless check (e.g. bank fee). It is very important to enclose receipts. If you do not have receipt for your incurred expenses, we cannot collect them.

7. Once a worthless check(s) is submitted to our office for prosecution, you must NOT accept payment from the issuer of the worthless check without consent from our office.

Worthless Check Worksheet

Letter to Issuer Template