™Your Policy Risk Impact Agent
59 chapters · 917 sections in this title.
SDCL § 23A-4-1 Arrested person taken before magistrate--Complaint filed on arrest without warrant
1.1K chars
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 before the neares…
SDCL § 23A-4-2 (Rule 5(b)) Procedure on minor offenses cognizable by magistrate court
0.2K chars
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. Source: SL 1978, ch 178 , § 37.
SDCL § 23A-4-3 (Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing--Charges requiring preliminary hearing--Waiver or scheduling of hearing--Extension of time
2.7K chars
If a charge against a defendant requires a preliminary hearing, the defendant may not be called on to plead. The committing magistrate shall inform the defendant of the complaint against the defendant and of any affidavit filed therewith, of the defendant's right to retain counse…
SDCL § 23A-4-4 Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court
0.8K chars
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 defendant to b…
