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FREQUENTLY ASKED QUESTIONS
Q. What do I do if someone I know is a danger to themselves or others and won't seek voluntary treatment?
A. If you believe someone you know is a danger to themselves or others and won't seek voluntary treatment, you can contact the Lake County Sheriff's Department at (605) 256-7615.
Q. If I file a petition to have someone committed, do I need to hire my own attorney?
A. No. The State's Attorney's Office represents the petitioner at the hearing, so there is no need for you to hire your own attorney.
Q. Will I have to testify in front of my loved one/family member that I am asking to have committed?
A. The State's Attorney's Office realizes that family members and loved ones are sometimes reluctant to testify because they are afraid the mentally ill person will be angry with them or blame them if he/she is committed. The State's Attorney's Office will be sensitive to that, and if there is enough evidence without calling you as a witness, we will try not to. However, in some cases the petitioner will need to testify. In those cases, the State's Attorney's Office will advise you that you may tell your loved on/family member that you don't want to testify, but that we are requiring you to.
Q. What happens to the mentally ill person if they are committed for treatment?
A. If a person is found to need treatment, they will be committed to the Human Services Center in Yankton, South Dakota for in-patient treatment for a period not to exceed 90 days.
Q: I’ve recently been convicted of an offense (IE, DWI, Reckless Driving) in which I had my drivers license revoked/suspended. How do I go about applying for a work permit?
A: If a work permit is not requested in court, the following procedure may be followed. Under certain circumstances, work permits are available for some suspensions and revocations. Application for a South Dakota Restricted Work Permit must be completed through the Lake County Clerk of Court’s Office. Issuance of a work permit will be based on meeting all the necessary requirements. The ultimate decision is left up to the sentencing judge.
Q: Where can I find more information about titling and registering a motor vehicle?
A: The South Dakota Department of Motor Vehicles website, located at http://www.state.sd.us/drr2/motorvehicle is a great resource to assist you in this process, as well as answer any additional questions you may have.
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 us at (605) 256-7630.
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:
- 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: www.state.sd.us/social/cvc for further details about this program. Applications are available in the State's Attorney's Office.
- 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.
- 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.
Who do I contact regarding...
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