Crime & Traffic

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Rights of crime victims and witnesses

If you were a victim of a crime, you have rights. These rights are protected while the police investigate the crime and the suspect is charged and tried in court.

These rights include:

  • Fair treatment,
  • Respect for your dignity and privacy,
  • Freedom from harassment, intimidation, and abuse during the criminal justice process,
  • Notice of the time, date, and place of all court proceedings, including cancellations,
  • Talking to the prosecution,
  • A timely disposition of the case after an arrest is made,
  • Timely notice of a decision not to charge an offense,
  • A hearing to decide whether to allow access to your privileged or confidential information,
  • Being heard in any court proceeding involving:
    • A post-arraignment release decision,
    • A plea,
    • Sentencing, or
    • An issue with one of your rights.
    • Note: Starting January 1, 2024, crime victims under the age of 13 can testify outside of the courtroom. This is done to prevent severe emotional distress. The testimony would then be shown in the courtroom through a selected group of monitors. The defense can challenge this rule if they can prove that testifying in the courtroom will not cause severe emotional distress to the child. 
  • Notice about the case, conviction, sentence, imprisonment, and release of the accused,
  • Protection from the accused during the criminal justice process,
  • Having your safety and that of your family considered when setting bail and release conditions,
  • Attending trial and other hearings, unless you are also testifying and the court decides that hearing other testimony might affect your testimony. 
  • Bringing a translator, advocate, and other support person to court with you, 
  • Restitution or money paid for injury, loss, or damaged/stolen property,
  • Being placed on the Illinois Prisoner Review Board's Victim Notification Registry,
  • Submitting a victim impact statement, and
  • Keeping your name out of court proceedings and documents in certain situations.
    • This includes when you’re the victim of a sexual offense. Learn how victims of sexual offenses can get confidentiality at the Attorney General website.  

Victims of violent crime can get up to 12 weeks of unpaid leave from their job during a 12-month period. For more information, see the "Your Rights Under Illinois Employment Laws" poster from the Illinois Department of Labor.

To learn how crime victims can be compensated, read ILAO's Compensation for crime victims article. To apply for crime victim compensation, visit the Illinois Attorney General's website.

These rights apply to Illinois criminal cases. They also apply to juvenile cases where a minor committed a violent crime. See a full listing of Illinois crime victim rights

Who is a victim of violent crime?

A person is a victim of violent crime if they are:

  • Killed or injured by a violent crime, driving under the influence, involuntary manslaughter or reckless homicide,
  • The spouse, parent, child, sibling, or estate representative of a deceased adult, or
  • A parent, guardian, foster parent, or adult legal representative of a victim under 18 or an adult who is incompetent or incapacitated.

Witnesses of crime

You are a witness of a crime if you were asked to testify in court because you saw a crime happen. A witness has rights, including:

  • Receiving updates about the time, date, and place of all court proceedings, including cancellations,
  • Help to reduce loss of pay and benefits due to work absences,
  • A secure waiting area at court, away from the accused person,
  • Bringing a translator, and
  • If requested in writing, getting notice if the accused:
    • Files a request to have their conviction overturned,
    • Is put on parole, or
    • Has escaped from custody.

To know if the accused person has filed a request to overturn their conviction, contact the State's Attorney's office in your county. To get their contact information, call your local Circuit Clerk. To know if the accused person has been put on parole or has escaped, visit the Illinois Prisoner Review Board website.

VOICES Act

The Voices of Immigrant Communities Empowering Survivors (VOICES) Act allows some immigrants to get a U visa. A U visa gives immigrants temporary legal status for up to 4 years in the United States. If certain conditions are met, you may be able to apply for permanent resident status later. You can apply for a U visa if:

  • You are an immigrant,
  • You are a victim of crime,
  • You have suffered mental or physical abuse because of the crime, and
  • You can help police investigate the crime or prosecute the accused.

Learn more about U visas on the ILAO website. If you think you may qualify for a U visa, visit the U.S. Citizenship and Immigration Services website.

Last full review by a subject matter expert
September 26, 2023
Last revised by staff
September 27, 2023

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