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
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
A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application.SDCL 23A-3-33 SL 2010, ch 126, §8.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person’s arrest or indictment or information. No person as to whom an order of expungement has...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law...
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.
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