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 | Family Law, South Dakota
Departure or absence of one party from the family dwelling place caused by cruelty or by threats of bodily harm from which danger would be reasonably apprehended from the other is not desertion by the absent party, but it is desertion by the other party.SDCL 25-4-10...
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 | Family Law, South Dakota
When one party is induced by the stratagem or fraud of the other party to leave the family dwelling place or to be absent, and during such absence the offending party departs with intent to desert the other, it is desertion by the party committing the stratagem or...
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...
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