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 | Family Law, South Dakota
Persistent refusal to have reasonable matrimonial intercourse as husband and wife when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with the other party when there is no just...
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
If the requirements of § 23A-3-35 have been met, the state’s attorney shall file a dismissal of all the charges related to that arrest and a notice of completion of the diversion program by the arrested person.SDCL 23A-3-36Added by S.L. 2018, ch. 143,s. 2, eff....
by admin | May 14, 2021 | Family Law, South Dakota
SDCL 25-4-6, 25-4-7Repealed by SL 1974, ch 173
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...
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