South Dakota statute
SDCL § 23A-40-6.1 — Assigned counsel not required where defendant not deprived of liberty--Statement of judge required
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 40: (Rule 44) Counsel For Indigent Defendant, South Dakota Codified Laws.
Full text of SDCL § 23A-40-6.1
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.
At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on the record, in the defendant's presence, that the defendant will not be deprived of his liberty if he is convicted. The circuit court judge's or magistrate's statement that the defendant will not be deprived of his liberty if he is convicted shall be made before the defendant enters his plea. If the defendant is not in custody and if the court has concluded that he will not be deprived of his liberty if he is convicted, an indigent defendant charged with violating a Class 2 misdemeanor, an ordinance not having a penalty greater than a Class 2 misdemeanor or a petty offense, is not entitled to court assigned counsel.
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This reference is informational and is not legal advice.