INTRODUCTION
If you are a victim of a crime or a witness to one, your assistance is vital to our system of criminal justice. The following information will help you understand your rights as a victim or witness, what happens in bringing a case to trial and what services are available to assist you. You will be working with the Solicitor or Assistant Solicitor while the case is being prepared for trial. He or she will keep you advised as the case progresses and you may contact that Solicitor at any time or the victims' advocate for the County in which the crime occurred if you have any questions concerning the case. It is very important to keep the Circuit Solicitor's Office informed of your current address so we can contact you about your case. If your name, address, or phone number on the subpoena is incorrect, please be sure to let us know so the appropriate changes can be made. Our Main Office for Dorchester County is located in Summerville. In Orangeburg County, the office is located in the basement of the Courthouse. The Calhoun Office is also located in the Calhoun County Courthouse in St. Matthews. During Court, we have offices on the second floor of the Dorchester County Courthouse, and the second floor of the Calhoun County Courthouse. Office hours are from 8:30 A.M., until 5:00 P.M., Monday through Friday.
CIRCUIT SOLICITOR
There are Sixteen Judicial Circuits in the State. Each Circuit has one Solicitor who is the Chief Prosecuting Attorney. The First Circuit is comprised of Orangeburg, Dorchester, and Calhoun Counties. The Solicitor and his assistants represent the State (people) in the prosecution of all criminal cases.
SUBPOENA
A subpoena is an order directing you to be present at the time and place stated. You may receive your subpoena by mail or in person. Bring your subpoena when you appear on the requested day. Upon arrival at the Courthouse, please contact the Solicitor's victim/witness advocate. If the subpoena requires you to bring an item of evidence, please have it with you when you come to our office. Feel free to call the number on the subpoena if you have any questions.
PRELIMINARY HEARING
In many cases, the law requires that a preliminary hearing be held. If so, your first court appearance may be at this hearing which is held by a Magistrate, without a jury. Here the Magistrate listens to the evidence of the crime and determines whether the case should be sent to the Grand Jury for its consideration. (Normally only a part of the evidence is presented at this time.) The preliminary hearing is not a trial, but your attendance may be required.
GRAND JURY
The Grand Jury is composed of eighteen people who meet prior to each term of court. They consider each case presented to them and determine once again if probable cause has been shown. If probable cause is shown, then the Grand Jury returns a "True Bill of Indictment" which allows the case to go to trial in General Sessions Court (Criminal Court). If the Grand Jury does not find probable cause, it returns a "No Bill of Indictment" which ends the case. Unless notified, it is not necessary for you to appear before the Grand Jury.
PRE-TRIAL CONFERENCE
The Pre-Trial Conference is a meeting between the Solicitor or one of the Assistant Solicitors and the witness to a crime. You will be notified of the date and time of this conference. Should the date and time of this conference be inconvenient, you should call the Assistant Solicitor who is assigned the case. At the Pre-Trial Conference you will have an opportunity to fully discuss the case and ask any questions that you may have. It is very important that you attend the Pre-Trial Conference.
TRIAL
The trial will be held in the County Courthouse, in some cases, a trial will not be required because the defendant will plead guilty. When this happens, you will be notified and your testimony will not be required. If we cannot reach you by phone, we will write you a letter with the sentence that the defendant receives.
YOUR TESTIMONY
At a preliminary hearing or at a trial, you will be called to the witness stand by the Solicitor or one of the Assistant Solicitors to testify to the facts as you know them. The Judge might exclude you from the courtroom when other witnesses are testifying. This is to insure that the testimony of one witness does not influence the testimony of another. After the Solicitor has asked you his questions, the defense attorney has the right to ask further questions. Here are some suggestions to keep in mind as you prepare for your court appearance.
1. Dress well and be courteous. The way you dress and present yourself is a direct reflection on you. You should dress neatly, answer the questions clearly, and conduct yourself in a courteous manner. Remember, your testimony has a direct bearing on the jury's decision.
2. Be attentive. You should remain alert at all times so that you can hear, understand and give a proper response to each question. If the Judge or jury gets the impression that you are bored or indifferent, they may tend to disregard your testimony.
3. Think before you speak. Make sure that you understand each question, then give an accurate answer to the best of your ability. If you don't understand a question, ask that it be explained. If you do not know the answer to a question, say so.
4. Answer all questions directly. Don't volunteer any information - if you know the answer to a question, you are expected to give a specific and responsive answer.
5. Be fair. Though you may be testifying on behalf of a friend, don't exaggerate your testimony or try to slant it in his favor. On the other hand, do not show hostility toward the defendant or his attorney. Justice will be served only if you make your testimony as objective as possible.
6. Never lose your temper. When a witness loses his temper he has placed himself at the mercy of the cross-examiner. Courts are interested only in the facts of the case. Hold your temper and your testimony will be much more valuable.
7. Be prepared to wait. When appearing for a preliminary hearing or for the actual trial, it may be necessary for you to wait prior to and during court. Very likely there will be other cases to be handled that same day and witnesses will have been subpoenaed for these cases also. You may want to prepare for this by bringing a book to read or some handwork to help pass the time.
8. Always tell the truth.
The Judge may instruct you not to discuss your testimony or your knowledge of the facts of the case with others. Please be careful to obey this order so as not to create errors in the proceedings.
DEFENSE ATTORNEYS
Witnesses are sometimes asked by lawyers representing defendants to give interviews to them. If you receive such a request, you should discuss the request with the Solicitor or an Assistant Solicitor responsible for that particular case. There are no rules or laws prohibiting you from telling the defendant's lawyer your testimony before you take the stand. However, this is your decision and you should not feel pressured to speak to anyone about the case. If you agree to talk to a defense attorney prior to trial but would like a representative of the Solicitor's Office with you, please notify our office and the Solicitor or an Assistant Solicitor will make the necessary arrangements and be present with you.
NOTIFICATION OF OUTCOME
You may wait to hear the jury's verdict in your case after all testimony is completed if you desire. If you wish to leave after you have testified, the Judge will normally allow you to do this upon your request. In this event, you will be notified of the outcome of the trial by letter from the Solicitor's Office.
FEARS - THREATS
If you have any fears about your involvement in your case, contact the Solicitor or Assistant Solicitor handling the case (specified on the subpoena). On extremely rare occasions you may receive a threat. If you are threatened, contact your local police department or the Solicitor's Office to get immediate assistance.
Please contact our office if you have any questions. Those who have violated our laws cannot be brought to justice without your help and cooperation! The Victim / Witness Assistance Program is a response by the Circuit Solicitor's Office to the need of victim / witness support.
Call the Victim / Witness Advocate, Dorchester County, Phone 843-871-2640 or Calhoun and Orangeburg Counties, Phone 803-533-6252.
· To be offered support from law enforcement officials and the Solicitor's Office
· To be provided information about the criminal justice system
· To be provided assistance when appearing in court
· To be told about social service agencies that can help you
· To be provided assistance with your employer
· To be helped with return of stolen property