Frequently Asked Questions

Q: Can I report a crime to the Solicitor’s Office?

Q: What if I have a question which is not answered in your frequently asked questions?

Q: What services does Victim/Witness Assistance provide?

Q: What is victim compensation?

Q: What benefits are available?

Q: What are the requirements?

Q: Who can apply?

Q: What will you need from me to process my claim?

Q: What happens after I send in my claim form?

Q: I am the victim in a domestic violence case and I want to drop charges. Can I do that?

Q: Can I find out if my batterer has been released from jail?

Q: Do I have to go to court?

Q: What is a subpoena?

Q: Will I be contacted by the attorney or investigator for the defendant and do I have to speak with them?

Q: Can I bring a friend to court?

Q: Can I talk to Ms. Wilson? I think he's the person who is working on my case since his name appears on documents in my case.

Q: I am a defendant and I don't like the attorney who is representing me. Can I to talk to you or one of your deputies about my case?

Q: I have a complaint against your office. How do I contact you and will you respond?

Q: What is "Restitution"?

Q: What services are provided by the Victim Witness Program?

Q: Can I report a crime to the Solicitor’s Office?

A.  In most cases, crimes must be reported to the police department or other law enforcement agency which has jurisdiction over the city or county where the crime occurred.

Q: What if I have a question which is not answered in your frequently asked questions?

A.  You can contact the Solicitor’s Office with any unanswered questions by calling (843) 958-1900; writing to us at 101 Meeting Street, Charleston SC 29401 or by e-mailing us at solicitor@scsolicitor9.org

Q: What services does Victim/Witness Assistance provide?

A.  Please refer to the Victim/Witness Assistance page.

Q: What is victim compensation?

A.  The Division of Victim Assistance is the state agency mandated by law to pay compensation including medical, counseling, lost wages, and funeral expenses to eligible persons who have been injured as a result of a violent crime.

Q: What benefits are available?

A.  Funeral/burial - expenses for a deceased victim up to $4,000.00.
Lost Wages - financial compensation for the victim who lost wages because of this crime.
Medical/dental treatment - compensation for the victim who incurs treatment expenses because of the crime.
Mental health counseling - compensation for 15 visits or 90 days (whichever is greater) when rendered by a professional who is licensed by the State.
Reimbursement - reimbursement for prescriptions and/or any medical expenses that the victim has already paid as a result of the crime.

NOTE: Property loss, pain and suffering cannot be compensated.

Q: What are the requirements?

A: A crime must have caused physical injury, psychic trauma or death of the victim.
The crime was reported to the proper law enforcement authorities within 48 hours after the crime.
The claim must be filed within 180 days of the date of the crime.
The applicant fully cooperated with all law enforcement agencies and with the Division of Victim Assistance
The applicant was not engaged in any illegal activity at the time of the crime.

Q: Who can apply?

A: The victim of a crime.
The parent or guardian of a minor victim or incompetent adult victim.
The spouse, parent, sibling, or legally dependent child of a deceased victim.
Legal Guardian or person holding Power of Attorney that is applying on behalf of a deceased victim for the funeral expenses.

Q: What will you need from me to process my claim?

A: The law enforcement incident report about the crime.
Proof of crime-related expenses such as medical/dental treatment bills, funeral bill, death certificate or other related bills or receipts.
If compensation for lost wages is sought, proof of employment and a physician disability statement will be required. If the victim is self-employed, a copy of his/her tax returns will be required.
All related medical expenses must be filed with insurance.

Q: What happens after I send in my claim form?

A: The agency will send a Receipt of Application letter showing your claim number as proof of the date that your claim form was received.
When all the requested information concerning your claim is received, it is reviewed for eligibility and benefit determination.
A written notice of the eligibility decision will be mailed to you. If your claim is determined ineligible and benefits are denied, you will be advised of your right to appeal.

Q: I am the victim in a domestic violence case and I want to drop charges. Can I do that?

A: We have recently adopted a presumptive no-drop policy. Victim’s of domestic violence can call and schedule an appointment to watch a video on domestic violence. After viewing the video the victim can sign an affidavit requesting that charges be dismissed. It is ultimately up to the Criminal Domestic Solicitor whether to proceed with the case.

Q: Can I find out if my batterer has been released from jail?

A. Yes, call the VINE system at 1-800-721-7955 or the County Jail.

Q: Do I have to go to court?

A: If you have been subpoenaed you do have to show up for court.

Q: What is a subpoena?

A: A subpoena is a court order which requires you to appear at the time and place stated. Failure to comply with the subpoena may result in the issuance of a bench warrant for your arrest. Immediately call the Assistant Solicitor at the phone number listed in the subpoena.

Q: Will I be contacted by the attorney or investigator for the defendant and do I have to speak with them?

A: Defense Attorney’s, Public Defenders or their investigators may try to contact the victims or witnesses to take statements. As a victim or witness you can choose whether or not to speak with them. Please notify the Assistant Solicitor handling the case if you have been interviewed by the Defense Attorney or their investigator.

Q: Can I bring a friend to court?

A: Yes. You can bring a family member or friend to court for support.

Q: Can I talk to Ms. Wilson? I think he's the person who is working on my case since his name appears on documents in my case.

A: Ms. Wilson is the Solicitor of Charleston and Berkeley County and, as such, his name appears on most court documents. The Assistant Solicitor working on your case is most likely the person who actually signed the court document or letter. This is the person to contact.

Q: I am a defendant and I don't like the attorney who is representing me. Can I to talk to you or one of your deputies about my case?

A: No. All attorneys are governed by a code of ethics which prevents them from speaking directly to anyone who has an attorney. As long as you are represented by an attorney, we may speak only to your attorney. Any questions that you have about your case should be answered by your attorney.

Q: I have a complaint against your office. How do I contact you and will you respond?

A: Write to the Solicitor’s Office. I assure you that someone in authority, will contact you in writing, by telephone, or schedule an appointment.

Q: What is "Restitution"?

A: You may be entitled to reimbursement of expenses you have incurred by way of personal injury or property loss suffered as a result of a crime. There is no funding available for stolen or damaged personal property. However, you may request that the Judge who sentences the defendant after he is found guilty, or pleads guilty, to order the defendant to reimburse you for your loss. Depending on the circumstances, the judge may or may not require the defendant to pay restitution. You can also seek the advice of a civil attorney to attempt to regain your losses.

It is up to you to prove the amount of your loss to the court. Be sure to keep good records and bring them with you to all conferences and court appearances.

Q: What services are provided by the Victim Witness Program?

A:

Services NOT provided by the Victim Witness Program:
-Provide money to victim or witnesses