by admin | May 14, 2021 | Criminal Procedure, South Dakota
If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the committing magistrate shall forthwith hold him to answer in the trial court of the county having jurisdiction of the...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Either the defendant or the prosecuting attorney may, at any time prior to the commencement of a preliminary hearing before a lay magistrate, make a motion that the proceedings be transferred to a magistrate judge or to the circuit court. Upon such a motion the lay...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The circuit court shall order one or more grand juries to be summoned only when it appears to the circuit judge’s satisfaction that a grand jury is necessary or desirable for the investigation of public offenses or misconduct in office. A grand jury shall...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Subject to §§ 23A-17-1 to 23A-17-4, inclusive, if a defendant is taken before a committing magistrate who did not issue the warrant, or in case no warrant has been issued, the committing magistrate shall inform him of the matters set out in § 23A-4-3 and admit the...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If a charge against a defendant requires a preliminary hearing, the defendant may not be called on to plead. The committing magistrate shall inform the defendant of the complaint against the defendant and of any affidavit filed therewith, of the defendant’s...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
A verbatim record of the proceeding in each preliminary hearing shall be made under the direction of the committing magistrate upon request of either the prosecuting attorney or the defendant. A copy of the transcript of the record of the proceeding shall be furnished...
Recent Comments