Section 23A-4-4 – Advice to defendant and admission to bail when initial appearance before another magistrate-Initial appearance without warrant-Transmittal of files to appropriate court

by | 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...

Section 23A-4-3 – (Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing-Charges requiring preliminary hearing-Waiver or scheduling of hearing-Extension of time

by | 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...

Section 23A-3-34 – [Effective 7/1/2021] Defendant’s public record-Automatic removal of non-felony charges or convictions-Case record available to authorized personnel-Use as enhancement

by | May 14, 2021 | Criminal Procedure, South Dakota

Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant’s public record after five years if all court-ordered...