Pennington County Victims' Assistance Questions and Answers

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Pennington County Victims' Assistance
300 Saint Joseph Street, Suite 400
Rapid City, SD 57701
Phone: (605)394-5846
Fax: (605)394-6093

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Crime Victims' Rights

As a victim of crime, you are sure to have many questions and concerns about your case. The following questions and answers are an attempt to answer the most immediate of those concerns.

What happens now that the suspect has been taken into custody?

The suspect will either be released on bond and assigned a future court date, or held until the next working day to make an appearance in Magistrate Court.

The suspect could not be located after the crime. What happens now?

The suspect will either be released on bond and assigned a future court date, or held until the next working day to make an appearance in Magistrate Court.

What is Magistrate Court?

This is the time where the suspect is brought before the judge and either pleads guilty to the charges or may request to speak with an attorney. If the plea is guilty, a sentencing will either take place at that time or will be scheduled for a later time. If the plea is not guilty, a dispositional conference will be scheduled in Misdemeanor cases. If the crime is a felony, no plea will be taken in Magistrate court and a Preliminary Hearing will automatically be scheduled.

I was the victim of a juvenile offender. What procedures are followed in juvenile cases?

In juvenile proceedings, the first appearance is referred to as the Advisory Hearing. This is the time when the juvenile is brought before the juvenile court and either admits or denies the charge. If the juvenile denies the charge, an Adjudication Hearing is schedule. In the event the juvenile admits to the charge, a Dispositional Hearing is scheduled. An Adjudication is similar to a Jury Trial in adult court. The Dispositional Hearing is the equivalent of the sentencing in adult court. As all matters in juvenile court are confidential, you will not be allowed to attend any proceeding unless you are subpoenaed. Also, the information provided to you with regard to the outcome of the juvenile proceeding will be very limited.

I had property damaged as a result of this incident. Can I expect reimbursement for these damages?

You will need to obtain two estimates of the damage to your property and submit copies of the estimates to the Victims' Assistance Program. If there is a conviction, and when the suspect ultimately is brought up for sentencing, the Victims' Assistance Program will request restitution for you. Additionally, you do have the option of filing a Small Claims action.

I was physically injured as a result of this incident and I don't have insurance. Is there a program that will help me pay for my medical bills?

Yes. There is a fund called the South Dakota Crime Victims' Compensation Program, which provides payment of medical bills, counseling cost, lost wages and child care expenses. This program is available to innocent victims of crime who experienced physical or emotional trauma. The applications for this fund can be obtained from the Victims' Assistance Program.

I provided the officer with details regarding the incident. Will the police need any other information from me about what happened?

If the suspect was not arrested at the time of the incident, you may be asked to speak with an investigator who will be assigned to the case. He will need to get further information from you that may have been omitted from the initial report. Also, he may speak with other witnesses and the suspect involved in the case.

Will I be required to testify in court against the suspect?

If the State's Attorney Office charges the suspect with the crime alleged, your testimony will be needed at the Preliminary Hearing. Then, if the matter proceeds to a jury trial, you will be needed to testify at that time. If you are needed to testify, the State's Attorney Office will serve you with a subpoena indicating the date and time that you will need to appear.

**Please notify the State's Attorney Office and/or Victims' Assistance Program if you move or change your phone number. This will help us to efficiently keep you informed of the status of your case.

Who should I call if I have questions about the status of the case or restitution?

The Victims' Assistance Program can help answer your questions regarding restitution and the case status. Also, if you were involved in a crime wherein you were eligible to apply for Victims' Compensation, the Victims' Assistance Program can help you with those matters as well.

The police officer took some of my property into evidence. When will my property be returned to me and how do I get it back?

It is your right to have your property returned to you within thirty days of the date of the crime, unless the evidence is essential for the prosecution of the case. In order to get the property returned, you will need to obtain a Release of Evidence form from the State's Attorney Office. The prosecuting attorney will sign this form, then you can submit it to the Evidence Section of the Police Department. They will then return your property to you.

I was assaulted and do not want the suspect to have any contact with me. Can I get a protection order?

Yes. Actually, you have two alternatives in this regard. First, you may obtain a protection order through the Clerk of Courts Office if the offender was a relative or household member. Also, you are eligible for a No Contact Order which is obtained through the Victims' Assistance Program. The No Contact Order is a condition of bond and is effective while the criminal proceedings are pending. You will need to contact the Victims' Assistance Program the next working day after the incident, before 9:30 a.m., if you the judge to issue a No Contact Order.

What is the difference between a Protection Order and a No Contact Order?

A protection order is available to anyone who has been threatened or abused by a household or family member and this acton is considered a civil matter. The protection order can specify what contact, if any, is allowed and it can provide guidelines for child custody, support and visitation, if children are involved. The No Contact Order is a condition of bond in the criminal charge against the suspect. It is limited to no contact with the victim directly or indirectly, and is only in effect as long as the criminal case is pending.

Will I have any input as to the sentencing of the defendant?

Yes. You will be given as much advanced notice as possible of the Sentence Hearing date and time. You will be asked to submit a Victim Impact Statement. A Victim Impact Statement is a letter you write to the judge explaining how you were affected by this crime and what your recommendations are for sentencing.

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