PocketLaw | South Dakota Codified Laws | Preliminary Proceedings

Preliminary Proceedings Before Magistrate

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Section
23A-4-1

Arrested person taken before magistrate--Complaint filed on arrest without warrant.

Section
23A-4-2

(Rule 5(b)) Procedure on minor offenses cognizable by magistrate court.

Section
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.

Section
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.

Section
23A-4-5

Transfer to magistrate judge or circuit court for preliminary hearing.

Section
23A-4-6

(Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.

Section
23A-4-7

(Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense.

Section
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.