by admin | May 14, 2021 | Criminal Procedure, South Dakota
If the charge against a defendant is cognizable by a magistrate pursuant to § 16-12B-8, the magistrate shall proceed in accordance with that section.SDCL 23A-4-2 SL 1978, ch 178, § 37.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the committing magistrate shall dismiss the complaint and discharge the defendant. The discharge of a defendant does not...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
A law enforcement officer shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate. Any person, other than a law enforcement officer, making an arrest shall, without unnecessary delay, take the arrested person...
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
Upon the filing of the dismissal and notice of completion of the diversion program, the court shall grant the expungement without the filing of a motion or any further action by the court.SDCL 23A-3-37Added by S.L. 2018, ch. 143,s. 3, eff. 7/1/2018.
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...
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