Victim Services
When crime touches your life, your entire world suddenly falls apart. In a short time, you may have lost precious parts of your life. You are left feeling violated and betrayed. You feel your own life is totally out of control.
The Police Department of the City of Hanahan want to do whatever we can to help you through this difficult time in your life. Helping you understand the law enforcement and judicial system and how to obtain help from that system can be found in the below articles. We hope the information in this web site helps you return, as much as possible, to your normal life before your world was touched by crime.
Contact the Hanahan Police Department's Victim Assistance Coordinator, Monica Kropp, by telephone at 843.576.5271 or by e-mail at mkropp@cityofhanahan.com
About the Victim’s Bill Of Rights
In 1997, the South Carolina General Assembly approved the Victim’s Bill of Rights. This law defines how victims of crimes in South Carolina will be treated, describes the responsibilities of victims and details the roles of government agencies in providing services to victims. The intent of the law is to:
“...ensure that all victims of and witnesses to a crime are treated with dignity, respect, courtesy and sensitivity; that all the rights and services extended in this article to victims of and witnesses to a crime are honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous that the protections afforded to criminal defendants; and that State has a responsibility to provide support to a network of services for victims of a crime, including victims of domestic violence and criminal sexual assault.”
Under the law, a victim is defined as a person who, because of a crime or an attempted crime was hurt physically, mentally, or financially. If the victim was killed during the performance of a crime, or if the victim is under the age of 17, or incapable of making decision, or physically or intellectually disabled, then “victim” will also include that person’s husband or wife, parent, child, or the lawful representative.
Who is not a victim? If a husband, wife, parent, a child, or a lawful representative is the subject of the investigation, or has either been convicted, pled guilty, or pled nolo contendre to the crime in question, that person is not a victim. Also, if a husband, wife, parent, a child, or lawful representatives acting on behalf of the suspect, juvenile offender, or the defendant, then that person cannot be considered a victim.
Under the Victims Bill of Rights, a criminal offense is defined as an illegal action that causes a person bodily or emotional harm, or causes more than on thousand dollars of damage to a person’s property. Criminal offense does not include illegally issuing a fraudulent check against a person’s bank account.
Criminal offenses in the City of Hanahan may be tried in one of three types of courts. Which court is used is determined by the level of crime, also called the jurisdiction of the court. A description of each court follows:
Summary Courts (Magistrates and Municipal Courts)
The Summary Courts are authorized to hear criminal cases with a maximum penalty of thirty (30) days in jail and/or a fine of Five Hundred ($500.00) Dollars. These cases are heard by the courts at bench trials, where the judge acts as fact finder, and jury trials, where a jury is chosen to hear the case. All preliminary hearings for criminal cases where the sentence is greater than 30 days or a $500.00 fine is heard by the Summary Courts. The defendant usually has an attorney at these hearings.
This is also the court where criminal defendants have an initial appearance before a judge after arrest and bond is set; usually the defendant and investigating officer are the only persons to appear at this time. When handling bond matters, the judges review available information in the case; taking into account the nature and circumstances of the offenses charged, the accused's family ties, employment, financial resources, character and mental condition, the length of residence in the community, record of convictions, and any record of flight to avoid prosecution or failure to appear at other court proceedings.
Bench trials are informal for the benefit of the people who generally appear without lawyers. The investigating officer acts as the prosecutor, gives a summary of the investigation and presents any witnesses. Evidence rules apply but are relaxed. All defendants can request a jury trial in person on their court date. Otherwise, a written request must be received by the Court before the scheduled date and time of appearance.
Family Court
Family Court is charged with the responsibility of handling criminal charges that may be brought against juvenile offenders in South Carolina. These offenders are defined by law as persons who are less than seventeen years old when the crime was committed. Investigating officers make "referrals" rather than sign arrest warrants. These referrals are reviewed by the Department of Juvenile Justice and the Solicitor's Office. If the cases require a formal disposition in court, the Solicitor's staff handles the case in much the same fashion as a General Sessions Court case. Pretrial conferences are planned and the cases are scheduled for court. Attention is given to making this process as easy for victims and witnesses as the crowded court dockets will allow. Family Court Judges can place juvenile offenders on probation with conditions, require counseling, restitution, incarceration and pre-sentence evaluations among other sentences. In rare cases, juveniles can be "waived up" to General Sessions Court for prosecution as adult offenders.
Juveniles are normally released to their parents' custody after being referred to Family Court, but they are sometimes detained due to the nature of the offense or past history with law enforcement authorities. Detention hearings, much like bond hearings, are held before the court within seventy-two hours of detention. Family Court judges consider the same factors as Summary Court judges in determining whether to release or continue to detain the juvenile.
General Sessions Court
This is the criminal trial court of unlimited sentencing jurisdiction for South Carolina. Here those cases with the most severe punishments, including the death penalty, are tried. The Courts of General Sessions are located at the county courthouses where the offense took place. When these cases are heard, a prosecuting attorney, from the Solicitor's Office, represents the people and is assisted by the Solicitor's Victim/Witness staff. The defendant is usually represented by an attorney. Often, several months pass before a case is scheduled for court, but members of the Solicitor's staff hold "pretrial conferences" to prepare for these court appearances in advance. Bench trials are very rare, and should a defendant request a trial, a jury is normally selected to hear the case.
At times bond hearings or hearings to request a mental evaluation for a defendant are scheduled in General Sessions Court. As in the Summary Courts and Family Courts, before setting bond or ordering an evaluation, the judge considers the nature and circumstances of the offenses charged; the defendant's family ties, employment, financial resources, character and mental condition, the length of residence in the community, record of convictions and any record of flight or failure to appear at other court proceedings.
Victims and witnesses are contacted by telephone or mail about attending these conferences and court hearings. Many times these cases are resolved by guilty pleas without a trial and the amount of time that you may be required to be at court is monitored to keep inconvenience to a minimum.
Victims of crime have the right to receive an initial offense incident report. This is a standardized report or a uniform traffic accident report written by a law enforcement officer at the beginning of an investigation. This does not include any additional reports, investigative notes, reports, statements, letters, memos, other communications, measurements, sketches, or diagrams that were not included in the initial offense incident report, or any material that may be considered the work product of a law enforcement officer or a witness.
Victims also have the following rights:
· To be treated with fairness, respect and dignity and to be free from intimidation, harassment or abuse.
· Be reasonably informed when the accused or convicted person is arrested, released from custody or has escaped.
· Be informed of and present at all criminal proceedings where final decisions on charges can be made or where the defendant has the right to be present.
· To be allowed to submit either a written or oral statement at all hearings affecting bond or bail.
· To be heard at any proceeding involving a post arrest motion, plea or sentencing.
· Be reasonably protected from the accused or persons acting on behalf of the accused throughout the criminal justice process.
· To confer with the prosecution before the trial, or before any disposition, and be informed of the disposition.
· To have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial.
· To receive prompt and full restitution from the convicted person or persons.
· To be informed of any proceeding when any post~conviction action or hearing and be present at any hearing.
· To a reasonable disposition and prompt and final conclusion of the case.
Your responsibilities as a crime victim
Any victim wishing to be notified or receive services must provide law enforcement agencies with:
· Legal name
· Current mailing address
· Current telephone number
Victims who want to be notified should inform the appropriate agencies of any change in their address and telephone numbers.
Any victim wishing to receive restitution must provide an itemized list which includes:
· Value of property stolen, damaged or destroyed,
· Property recovered,
· Medical or counseling expenses, or both,
· Income loss as a result of the offense,
· Out-of-pocket expenses incurred as a result of the offense,
· Other financial losses that may have been incurred, and
· Any financial recovery from insurance, victim's compensation fund, or other sources.
These statements may be included in a written Victim Impact Statement. A victim who wishes to submit a written Victim Impact Statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
A victim who wishes to make on oral victim impact statement to the court at sentencing must notify the prosecuting agency or summary court judge of this desire in advance of sentencing.
Any victim wishing to be present for any plea, trial, or sentencing must notify the prosecuting agency of his desire to be present.
You have experienced a very stressful event in your life. Strong emotional and physical reactions in the aftermath of a crime are normal. Here are a few suggestions to help you regain control more quickly.
· Structure your time. Maintain as normal a schedule as possible. Keep busy.
· Reach out. Talk to people. Talk is a healing medicine.
· Spend time with family and friends.
· Beware numbing the hurt with overuse of drugs or alcohol. Don't complicate your problems with substance abuse.
· Get plenty of rest. Eat well-balanced regular meals.
· Don't make any big life changes.
· Do those things that make you feel good.
The South Carolina Victim's Compensation Fund may provide benefits to victims of crimes for medical expenses, counseling and loss of earnings that are not covered by other sources. It does not provide compensation for property loss, pain and suffering.
The City of Hanahan also provides services to victims of crimes and witnesses to crimes when the crime occurs, during the investigation and throughout the process. Call the appropriate agency (telephone numbers can be found on this web site) to inquire about services.
Community resources for crime victims
Law Enforcement Agencies
EMERGENCY...911
Hanahan Police Department...747-5711
Berkeley County Sheriff's Office...723-3800 ext. 4459
Berkeley County Detention Center...723-3800 ext. 4546
South Carolina Highway Patrol...740-1650
S.C. Department of Probation, Parole and Pardon Services...843-761-8395
U.S. Bureau of Alcohol, Tobacco and Firearms...727-4275
U.S. Federal Bureau of Investigation...722-9164
U.S. Marshals Service...727-4275
U.S. Naval Criminal Investigative Service...764-7800
Crime Victim Advocates
Hanahan Police Victim Assistance Coordinator...554-4221 ext. 112
Berkeley County Sheriff’s Victim Advocate...723-3800 ext. 4455
Berkeley County Solicitor's Office...723-3800 ext. 4529
South Carolina Attorney General (Columbia)...803-734-4399
South Carolina Department of Juvenile Justice...843-761-8044
South Carolina Governor’s Office, Division of Victim Assistance...1-800-220-5370
South Carolina Governor’s Office, Crime Victim’s Ombudsman
Other Helpful Agencies
People Against Rape...843-745-0144
Berkeley County Mental Health...843-761-8282
My Sister’s House...744-3242
Good Samaritan Mission...747-4309
Hotline...744-4357
Reid House Christian Services (family shelter)...723-7136
Red Cross...744-8021 ext. 3074
Salvation Army...723-3659
Lutheran Christian Services...744-1788
Alcoholics Anonymous...723-9633
AL-ANON...762-6999