[subpages depth="1" childof="38"]
Union County State’s Attorney
209 East Main Street ~ Suite #1140
Elk Point, South Dakota 57025 ~ 2327
Telephone (605) 356-2666 / Facsimile (605) 761-0199
(A victim of a Union County Crime will receive a letter like this letter.)
Dear:
On behalf of the Union County State’s Attorney’s Office, I am writing to advise you that a criminal charge/complaint has been issued in the above captioned matter. You are named as a victim in this incident. The defendant is scheduled to appear in Magistrate Court, in the courtroom of the Union County Courthouse, on (Month) (day), 2011 at (time) a.m / p.m. for the initial court appearance. Although you are not required to attend, you do have the right to be present.
If you have any financial loss as a result of this incident that is not covered by insurance and wish for our office to seek restitution, you need to contact me within five (5) working days and provide copies of bills or estimates. You may be eligible to apply for funding from the South Dakota Victim’s Compensation fund.
As a crime victim, you are entitled to certain rights/services, and in an effort to better serve you, please note that at any time during this case you may contact me. You are always welcome to contact me and inquire about the status of this case. Please review the enclosed material, which will assist you in exercising your rights. If you have question or need further assistance, do not hesitate to contact me at (605)356-2666. Our office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday. Please contact me if you phone number or residence changes. This will ensure that you receive any requested notices.
Sincerely,
Jerry A. Miller
Office of the Union County States’ Attorney
South Dakota Crime Victim’s Act
Because the South Dakota legislature has determined that the rights of the victim in a criminal proceeding are important, this office follows in practice and belief the Victim’s Bill of Rights. Our staff are ready to assist victim’s of crime as authorized under the South Dakota Crime Victim’s Act.
Rights of a Crime Victim
South Dakota Codified Law 23A-28C-1 provides that a victim of crime, as defined in the Crime Victim’s Act, including victims of driving under the influence vehicle accidents, has the following rights:
1. Notification of scheduled bond 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. To be informed of what the charges mean and the elements necessary for conviction.
3. To testify at scheduled bond hearings regarding any evidence indicating whether the offender represents a danger to the victim or the community if released.
4. Protection from intimidation by the defendant, including enforcement of orders of
protection.
5. To offer written input whether plea bargaining or sentencing agreements should be entered into.
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. To be prepared as a witness, including information about basic rules of evidence, cross-examination, objections and hearsay.
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 victim’s 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. Restitution, if the victim requests it, whether the convicted criminal is on probation or incarcerated, unless the court or parole board provides to the victim on the record, specific reasons for choosing not to require it.
10. To provide written input at parole hearings or with respect to communications of sentences by the Governor, should those options be considered.
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. Notification of the defendant’s release from custody, which notice includes: Notice of the defendant’s escape from custody and return to custody following escape, notice of any other release from custody, including placement in an intensive supervision program or other alternative disposition and any associated conditions of release; notice of parole and notice of pending release of an inmate due to expiration of sentence.
13. Notification of the victim’s right to request testing for infection by blood-borne pathogens pursuant to 23A-356B-2.
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.
Should you wish to exercise any of these rights, please feel free to contact this office.
Jerry A. Miller – Jerry A. Miller Alexis Tracy - Alexis Tracy
Union County States Attorney Deputy States Attorney
With the victim’s permission, the advocate will:
• Accompany to Protection Order Court hearing.
• Refer to housing, TANF, Food Stamp Programs in the county.
• Refer to Childcare Providers in her neighborhood.
• Contact Employment personnel in community.
• Refer to shelter if there is a need for a place of safety for the victim and children.
• Call law enforcement in that county and arrange an escort.
• Call the Physician or PA in the county and request an appointment.
• Offer Children’s Inn counseling at Children’s Inn or in the county for victim/or children.
• Provide victim with material on Domestic Violence and the cycle of violence
• Invite to Children’s Inn support group
• Offer emotional support in any decision the victim makes
Should you wish the assistance of a domestic violence/sexual assault advocate, those services are available to you upon your request free of charge. This advocate is able to travel to your area and assist you through any or all phases of the prosecution process. Some of these services include court accompaniment, referrals for housing, child care, parenting, employment, medical resources, counseling and support groups, emergency shelter, safety planning and emotional support.
Please call:
Heather Weeg – Heather Weeg
Outreach Advocate
Children’s Inn
Sioux Falls, SD
1-888-378-7398