Criminal Defendants:
South Dakota’s court system consists of the Supreme Court, which is the highest authority; circuit courts that handle major civil and criminal cases; and magistrate courts for minor offenses and small claims. Cases start in lower courts and can be appealed to the Supreme Court. For more information, please refer to the Guide to South Dakota Courts.
Criminal defendants in South Dakota have the right to legal representation, a fair and speedy trial, remain silent, confront witnesses, and be presumed innocent until proven guilty.
Their responsibilities include complying with court procedures, attending hearings, and abiding by any legal orders or conditions set by the court. Rights of the accused are specifically outlined in the Constitution at South Dakota Legislative Research Council.
Crimes and Punishment:
Punishments for crimes in South Dakota range from fines and probation for minor offenses to imprisonment, life sentences, or even the death penalty for severe crimes, depending on the offense's severity and circumstances. For specific information, please refer to South Dakota Codified Law at South Dakota Legislative Research Council.
In South Dakota, individuals can be charged with crimes such as theft, assault, drug offenses, DUI, fraud, burglary, sexual offenses, and homicide, ranging from misdemeanors to serious felonies. For information regarding crimes, please refer to the South Dakota Codified Laws at South Dakota Legislative Research Council.
In South Dakota, a felony is a more serious crime punishable by over one year in prison, significant fines, or even the death penalty in extreme cases. A misdemeanor is a less severe offense punishable by up to one year in jail and smaller fines. Felonies include crimes like murder, burglary, and drug trafficking. Misdemeanors cover offenses like petty theft, disorderly conduct, and simple assault. For more information, please refer to South Dakota Codified Laws at South Dakota Legislative Research Council.
In South Dakota, children and youth are typically prosecuted through the juvenile justice system, which focuses on rehabilitation. For serious offenses, they can be tried as adults in circuit court. Find specific information on the South Dakota Codified Laws at South Dakota Legislative Research Council.
The main sequence of events in the criminal justice system includes investigation, arrest, charging, initial court appearance, trial or plea agreement, sentencing, and possible appeal. You may find additional information at The Justice System.
For comprehensive information on South Dakota's 24/7 Sobriety Program, including its objectives, testing methods, and participation requirements, please visit 24/7 Sobriety Program.
For information about the South Dakota Sex Offender Registry, including searching for registered offenders and understanding registration requirements, please visit the South Dakota Sex Offender Registry.
Parole and Probation:
Probation is a court-imposed alternative to serving time in jail or prison, allowing an offender to live in the community under supervision. Parole is the conditional release of a prisoner, enabling them to serve the rest of their sentence under supervision outside of prison.
For questions about parole in South Dakota, you can contact the Department of Corrections - Parole Services.
Records:
You may find this information on this page under Record Search.
The steps for this can be found here.
Driver Licensing and Insurance:
To obtain information on how to obtain or renew you license, visit the Department of Public Safety - Driver Licensing website.
To reinstate your suspended or revoked driver's license in South Dakota, you must complete the suspension or revocation period, fulfill any court or Department of Public Safety requirements, pay the applicable reinstatement and application fees, and, if necessary, pass the required vision, knowledge, and driving tests. Additional information may be found at Department of Public Safety - Driver Licensing (Revoked or Suspended).
Pardons:
To apply for a pardon in South Dakota, determine your eligibility and submit an application through the South Dakota Department of Corrections'. You may do so by clicking here.