State's Attorney

 

 

Victim/Witness Assistance

If you are a victim of or a witness to a crime in Minnehaha County, the Victim/Witness Assistants from the Minnehaha County State's Attorney's Office are available to assist you while you are involved with the criminal justice system.

 

As a victim of crime, you may be experiencing feelings of confusion, frustration, fear and anger. We will explain your rights as a victim and help you better understand how the criminal justice system works.

 

One of the responsibilities of citizenship for those who have knowledge about the commission of a crime is to serve as witnesses at the criminal trial or one of the other hearings held in connection with the criminal prosecution. The complete cooperation and truthful testimony of all witnesses is essential to the proper determination of guilt or innocence in a criminal case.

 

Our office is concerned that victims and witnesses of crime are treated fairly throughout their contact with the criminal justice system. We have taken several steps to make the participation by victims of crime and witnesses more effective and meaningful.

 

One of these steps is the establishment of this website. We hope that it will provide you the answers to many of your questions and will give you sufficient general information to understand your rights and responsibilities. Another step has been to employ Victim/Witness Assistants who are available to answer any of your questions and to assist you where possible as you participate in the criminal justice process.

 

Link to Juvenile Crime

 

Rights of Crime Victims

Victims of crime, including victims of driving under the influence vehicle accidents, have the following rights as designated by the South Dakota Legislature:

 

1. 1. Notification of scheduled bail hearings and release from custody, notification by the prosecutor's office when the case is received and to whom the case is assigned, and notification in advance of the date of preliminary hearing and trial;
2. 2. To be informed of what the charges mean and the elements necessary for conviction;
3. 3. To testify at scheduled bail or bond hearings regarding any evidence indicating whether the offender represents a danger to the victim or the community if released;
4. 4. To be protected from intimidation by the defendant, including enforcement of orders of protection;
5. 5. To offer written input into whether plea bargaining or sentencing bargaining agreements should be entered into;
6. 6. To be present during all scheduled phases of the trial or hearings, except where otherwise ordered by the judge hearing the case or by contrary policy of the presiding circuit judge;
7. 7. To be prepared as a witness, including information about basic rules of evidence, cross-examination, objections and hearsay;
8. 8. To provide to the court a written or oral victim impact statement prior to sentencing regarding the financial and emotional impact of the crime on the victim and his/her family as well as recommendations for restitution and sentencing and 23A-28-8 notwithstanding, the right to appear at any hearing during which a change in the plan of restitution is to be considered;
9. 9. To receive restitution, whether the convicted criminal is probated or incarcerated, unless the court or parole board provides to the victim on the record specific reasons for choosing not to require it;
10. 10. To provide written input at parole hearings or with respect to commutations of sentences by the Governor, should those options be considered;
11. 11. In a case in which the death penalty may be authorized, to provide to the court or to the jury, as appropriate, testimony about the victim and the impact of the crime on the victim's family;
12. 12. To be notified of the defendant's release from custody, which notice includes:

 

A. Notice of the defendant's escape from custody and return to custody following escape;

B. Notice of any other release from custody, including placement in an intensive supervision program or other alternative disposition, and any associated conditions of release;

C. Notice of parole; and

D. Notice of pending release of an inmate due to expiration of sentence;

 

13. 13. To be notified of the victim's right to request testing for infection by blood-borne pathogens pursuant to 23A-35B-2; and
14. 14. To be provided a copy of any report of law enforcement that is related to the crime, at the discretion of the state's attorney, or upon motion and order of the court. However, no victim may be given the criminal history of any defendant or any witness.
15. 15. To be notified of a petition by the sex offender for removal from the sex offender registry and to provide written input with respect to the removal request.

 

Frequently Asked Questions

Is there someone in the State's Attorney's Office who can answer my questions?

If you have any questions about your rights, the court proceedings or the Victim's Compensation Program, you may call one of our Victim-Witness Assistants at (605) 367-4226. One of our assistants can help you if you need information about your case, information about protection orders, or referrals to other community victim service providers.

What if I am threatened while my case is pending?

If anyone threatens you, or you feel that you are being harassed because of your contribution to the case, you should immediately notify local law enforcement and the State's Attorney Office. It is illegal to threaten, intimidate, harass, or mislead a witness in a criminal case.

What if I want the charges dropped?

Only the State's Attorney can drop charges against a defendant; however, you should let our office know if you no longer wish to proceed with the case. While we will take your wishes into consideration, we must also take into consideration the safety of the community and other factors when making a decision to drop charges or continue prosecution of the case.

 

Is it possible to be reimbursed for my financial losses?

Often, crime means a real financial loss for the victim. Perhaps you had cash or valuable property stolen (and not recovered), have property that was damaged, medical expenses, a loss of income because you could not work, or the nature of the crime may be that you have been defrauded of money belonging to you. If any of these things has happened to you, please check to see if you have insurance that will cover the loss. If you have no insurance, only partial coverage, or have insurance but deductible amounts, then there are three possible ways of trying to recover your losses:

 

1. 1. Compensation
   The South Dakota Crime Victim's Compensation Program provides financial assistance to victims and survivors of victims of violent crimes involving physical injury or the threat of immediate physical harm. Up to $15,000 may be paid for certain expenses incurred as a direct result of injury or death. Please visit their website at: http://dss.sd.gov/keyresources/victimservices/ for further details about this program. Applications are available online or in the State's Attorney's Office.
2. 2. Restitution
   The judge must consider, by law, restitution as part of the offender's sentence. You should start now to collect evidence of your loss; insurance records showing reimbursement, and any other pertinent documents you think will prove to the court your loss. The judge takes this information into consideration when he determines an appropriate sentence and the amount of restitution.
3. 3. Civil Damages
   If the victim is not satisfied with a plan of restitution, the remedy is a civil action against the defendant. Such a private lawsuit is completely separate from the criminal case. Small Claims Court - No Attorney - $10,000 rules of evidence relaxed, informal. (605) 367-5900. Select Small Claims from the menu.

 

Protection Orders

A Protection Order is a legal document signed by a judge prohibiting a person from contacting the petitioner. A Protection Order violation is a Class I misdemeanor. Protection Orders are civil matters, but a criminal charge results when a Protection Order is violated. A Protection Order may be obtained at the Minnehaha County Clerk of Courts office, which is located at 425 N. Dakota Ave. in Sioux Falls, SD. Questions about obtaining a protection order can be addressed to staff in the clerk's office at (605) 367-5900.

If a criminal charge has been filed by the State's Attorney's Office, the victim may request that the attorney in court ask the judge to order a No Contact Order as a condition of bond. A No Contact Order is an order signed by a judge prohibiting the defendant in a criminal case from having any contact with the victim while out on bond. If the defendant violates either a Protection Order or a No Contact Order, the victim should contact the police immediately. Although the violator may be gone by the time the police arrive, victims should still have the police complete a report to forward to the State's Attorney's Office.

Protection Order Forms

Your Role as a Witness

You may have been a victim of or an eye-witness to a crime. You may be the owner of stolen property, or be able to provide some piece of information which will help to prove a criminal case. You are an essential witness and without your cooperation, our criminal justice system could not work.

You can expect to receive a subpoena at some point in the proceedings which will require you to testify. Written statements are not permitted instead of live testimony because a person charged with a crime has a right to ask questions of the witnesses who testify against him/her through his/her attorney.

It is very important that you keep us informed of any changes in your address or phone number. We will not be able to notify you of dates in your case if we cannot locate you.

We hope that this website has answered many of your questions as to how the criminal justice system operates and what is expected of you in your role as a potential witness. Please feel free to contact one of our Victim-Witness Assistants at (605) 367-4226 to discuss any of this information or to answer any questions relating to your case.

 

The Compass Center		(605) 339-0116
American Indian Services, Inc.		(605) 223-4060
Children’s Home Shelter for Family Safety		(605) 338-4880
HelpLine Center		211
South Dakota Department of Social Services		(605) 367-5444
Mita Maske Tiki (My Sister Friend's House)		(605) 731-1950