South Dakota statute
SDCL § 23A-4-7 — (Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 4: Preliminary Proceedings Before Magistrate, South Dakota Codified Laws.
Full text of SDCL § 23A-4-7
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.
If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the committing magistrate shall dismiss the complaint and discharge the defendant. The discharge of a defendant does not preclude a prosecuting attorney from instituting a subsequent prosecution for the same offense.
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