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South Dakota legal term

Effective assistance of counsel in South Dakota Criminal Law

Current through 2026 South Dakota legislative session

In South Dakota criminal law, “Effective assistance of counsel” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the South Dakota criminal code.

What does “Effective assistance of counsel” mean in South Dakota criminal law?

(4) "Effective assistance of counsel," legal defense services in a criminal case that comply with the standards required by state and federal law; (5) "Indigent," a person who does not have sufficient money, credit, or property to employ an attorney and pay for the necessary expenses of representation; (6) "Indigent representation services," legal defense services provided by an attorney to an indigent person where there is a right to counsel under state or federal law; (7) "Office of Indigent Legal Services," or "office," a state government entity that provides direct indigent representation (SDCL § 23A-51-1)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.