Title 23, LAW ENFORCEMENT

A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for a hearing on the complaint, immediately file a deposit by either: (1) In the law enforcement officer's presence, mai…

A person receiving a deposit shall furnish a numbered receipt to the defendant if requested. A person receiving a deposit may allow a defendant to submit a check for the amount of the deposit, and such check shall be considered to be the receipt required by this section. Such che…

If a defendant files a stipulation and deposit pursuant to § 23-1A-12 or makes a deposit pursuant to § 23-1A-13 he need not appear in court. In such instances, the clerk shall record on the court appearance date, a judgment in favor of the plaintiff and enter the deposit as payme…

A person who has filed a stipulation under § 23-1A-12 may appear in court on the appearance date and the court may, on motion, with or without notice, for cause shown, relieve such person from the stipulation and the effects thereof, and set the matter for trial. Source: SL 1977,…

If a defendant appears in court, personally or by his attorney, he shall be asked whether he admits or denies the commission of the offense alleged in the complaint. If he admits the commission of the alleged offense, the court shall accept his admission and enter a judgment agai…

If the defendant fails to appear in court at the time set in his summons or set by subsequent postponement, and he has previously made a deposit, he shall be deemed to have tendered an admission to the allegations contained in the complaint and to have agreed to use the deposit f…

Any defendant who fails to appear in court and who has not made a deposit, or stipulation and deposit, is guilty of a Class 2 misdemeanor. The court shall enter a default judgment against the defendant in the amount established by § 23-1A-22 and issue a summons or warrant for his…

The attorney general shall promulgate, pursuant to chapter 1-26 , a uniform form or forms to be used for petty or misdemeanor complaints and summons regarding traffic offenses. The form shall be designed to serve as a uniform traffic ticket. The attorney general shall designate t…

The attorney general may revise the uniform traffic ticket created pursuant to chapter 23-1A to be used for juvenile cited violations. Source: SL 2015, ch 152 , § 41, eff. Jan. 1, 2016.

If the offense alleged in a complaint is a violation of a statute relating to the operation and use of a motor vehicle, then within five working days after the entry of a judgment against a defendant, the court shall forward to the Department of Public Safety a certification of t…

A judgment in a petty offense case has the same effect as any other civil judgment and may be executed, levied on, and become a lien on the property of a defendant accordingly. Source: SL 1977, ch 193 , § 24.

If the plaintiff prevails in a petty offense case, the plaintiff shall be granted a judgment of twenty-five dollars. However, the trial court may reduce or eliminate the award in the interest of justice. No award may be granted a defendant in a petty offense case. If a deposit is…

All moneys received as payment for petty offense judgments shall be deposited in the treasury of the county where the offense occurred. Source: SL 1977, ch 193 , § 22.

The attorney for the plaintiff in the trial of a petty offense shall be the state's attorney of the county which has jurisdiction of the case. Source: SL 1977, ch 193 , § 14.

Whenever the complaint and summons promulgated pursuant to § 23-1A-2 are used, the attorney for the plaintiff need not make or file any other complaint for the offense charged. Source: SL 1977, ch 193 , § 3.

Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following stateme…

A minor may be sued for the commission of a petty offense without the appointment of a guardian ad litem. A state's attorney may dismiss a petty offense complaint issued to a minor any time before judgment is entered and try the minor instead as a juvenile delinquent. Source: SL …

A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons …

The petty offense summons shall specify a time for a hearing on the complaint, which shall be within ten days of its issuance. A defendant may request an earlier hearing. The hearing shall be before a judge or magistrate of the county in which the offense was committed, except as…

Any person who resists the service of a petty offense complaint and summons or who refuses to give a law enforcement officer the information necessary to complete a petty offense summons and complaint is guilty of a Class 2 misdemeanor. Source: SL 1977, ch 193 , § 7.