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 | Family Law, South Dakota
Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married. The effective date of this section is July 1, 1984.SDCL 25-4-3 SDC 1939, § 14.0704; repealed SL 1976, ch 158, § 22-8; re-enacted SL 1984, ch...
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 | Family Law, South Dakota
Divorces may be granted for any of the following causes:(1) Adultery;(2) Extreme cruelty;(3) Willful desertion;(4) Willful neglect;(5) Habitual intemperance;(6) Conviction of felony;(7) Irreconcilable differences.SDCL 25-4-2 SDC 1939, § 14.0703 (1) to (6); SL 1985, ch...
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...
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