South Dakota criminal code — chapter
Chapter 4: Preliminary Proceedings Before Magistrate
Chapter 4 of Title 23A: Criminal Procedure, South Dakota Codified Laws. Statutory text on each section page is current through the legislative session it names.
Sections of Chapter 4
- SDCL § 23A-4-1 — Arrested person taken before magistrate--Complaint filed on arrest without warrant
- SDCL § 23A-4-2 — (Rule 5(b)) Procedure on minor offenses cognizable by magistrate court
- 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
- SDCL § 23A-4-4 — Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court
- SDCL § 23A-4-5 — Transfer to magistrate judge or circuit court for preliminary hearing
- SDCL § 23A-4-6 — (Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received
- SDCL § 23A-4-7 — (Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense
- SDCL § 23A-4-8 — (Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers to trial court--Limitation of access to record
This reference is informational and is not legal advice.