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South Dakota statute

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

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 4: Preliminary Proceedings Before Magistrate, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 23A-4-3

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23A-4-3Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
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 counsel and to request assignment of counsel if the defendant is unable to obtain counsel, and of the general circumstances under which the defendant may secure pretrial release. The committing magistrate shall inform the defendant that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant. The committing magistrate shall also inform the defendant of the defendant's right to a preliminary hearing. The committing magistrate shall allow the defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail in the amount set pursuant to § 23A-2-4 or chapter 23A-43, or as otherwise provided by law. If the offense charged is a Class 1 misdemeanor, and the circuit in which the offense is charged has a magistrate court presided over by a magistrate judge, the defendant shall be held to answer before the magistrate judge or the circuit court. No defendant is entitled to a preliminary hearing unless charged with an offense punishable as a felony. If the defendant waives the preliminary hearing, the committing magistrate shall forthwith hold the defendant to answer in circuit court if the offense charged is a felony. If the defendant does not waive the preliminary hearing, the committing magistrate shall schedule a preliminary hearing. The hearing shall be held within a reasonable time, but in any event not later than fifteen days following the initial appearance if the defendant is in custody, and not later than forty-five days if the defendant is not in custody. However, the preliminary hearing may not be held if the defendant is indicted before the date set for the preliminary hearing. With the consent of the defendant and with a showing of good cause, taking into account the public interest and the proper disposition of criminal cases, time limits specified in this section may be extended one or more times by the committing magistrate. In the absence of consent by the defendant, time limits may be extended by the committing magistrate only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice.

Official sources

Legal terms used in this section

Questions this section answers

Is (Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing a felony or a misdemeanor in South Dakota?

(Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing is a Class 1 Misdemeanor in South Dakota under SDCL § 23A-4-3.

Which South Dakota statute covers (Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing?

(Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing is governed by 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).

This reference is informational and is not legal advice.