Facing a criminal charge in South Dakota

Bond and pretrial release in South Dakota

Article VI Section 8 of the South Dakota Constitution provides for the right to bail except for capital offenses when proof is evident or presumption great. SDCL Chapter 23A-43 governs bail. SDCL Sec. 23A-43-2 directs the court to release the defendant on personal recognizance or unsecured appearance bond unless that will not reasonably assure appearance, in which case the least restrictive additional conditions may be imposed. Forms include cash bond, surety bond, property bond, and conditions of conduct. SDCL Sec. 23A-43-3 lists factors the court must consider. SDCL Sec. 23A-43-22 governs review and modification of conditions. South Dakota magistrates typically set initial bail at arraignment under SDCL Sec. 23A-7-1.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving South Dakota

Our directory is still building in South Dakota. Public-defender intake is available now.

Record clearing in South Dakota

South Dakota record sealing is governed by SDCL 23A-3-27 through 23A-3-34. The statute provides a petition-based pathway through the court that, when granted, seals arrest and certain conviction records from public access after applicable waiting periods. The statute provides sealing of arrest records and certain conviction records after a five-year waiting period from completion of sentence and discharge from supervision; sex offenses, crimes of violence as defined in 22-1-2(9), and DUI offenses are excluded from sealing. The petition is filed in the circuit court of the county of arrest or conviction.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in South Dakota

South Dakota Office of Indigent Legal Services serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.