What Are The Differences Between Federal And South Dakota Crimes?

A federal crime is a breach of U.S. Federal laws and codes, while all violations of state laws are considered as state crimes. However, all offenses are usually termed as either misdemeanors or felonies. Only federal law enforcement bureaus are charged with the investigation of federal crimes. Some of these bureaus are:

• U.S. Immigration and Customs Enforcement (ICE)
• U.S. Marshals Service
• U.S. Secret Service
• Securities and Exchange Commission (SEC)
• Federal Bureau of Investigation (FBI)
• Internal Revenue Service (IRS)
• Drug Enforcement Administration (DEA)
• Department of Homeland Security (DHS)

Generally, the means to conduct investigations into federal crimes transcend state jurisdictions since some are inter-state crimes. Some federal crimes are weapon charges, drug trafficking, email scams, bank robbery, hacking, counterfeiting, white-collar offenses, identity theft, bankruptcy, animal cruelty, money laundering, crimes involving federal properties, etc. Crime in South Dakota implies that one of the State’s Codified Laws has been violated. The South Dakota DCI (Division of Criminal Investigation) is responsible for investigating, recording, and prosecuting crimes within the State’s borders. Some South Dakota state crimes are assault, murder, theft, kidnapping, manslaughter, family disputes, and more.

How Does the South Dakota Court System Differ From the Federal Court System?

The State’s constitution structures the South Dakota courts into a Unified Judicial System. The State has two tiers of courts which are, the Supreme Court and the Circuit Courts. Furthermore, the Magistrate Courts function under circuit court jurisdiction and supervision.

There are 5 Supreme Court judges and 41 circuit court judges throughout South Dakota’s district court and trial courts. The five South Dakota supreme court judges are selected from a selection of two names (minimum) issued by the State’s Judicial Qualifications Commission. New justices serve for a minimum of three years; then, they must contest during a regularly scheduled, general yes-no retention election. After the election, the Justices term of service span eight years. The Supreme Court is the highest courthouse in South Dakota, thus has the final judgment. The people in a nonpartisan election appoint South Dakota’s 41 Circuit Courts judges. The judges serve eight years in office and have to pursue re-election to serve additional terms.

Federal Court Judges serve life-time appointments in the United States. The South Dakota District Court judges conduct court proceedings regarding United States Codes, as well as suits involving residents from different states. All appeals from the State’s federal district court are sent to the Eight Circuit Court of Appeals. The federal Attorney General is authorized to appoint an assistant attorney when prosecuting a federal crime. The U.S. Probation and Pretrial Services (South Dakota District) has five main functions in the justice administration, which are:

• They Offer presentence reports to the Court to help the Judge give the best judgment possible.
• Submitting documents on an individual’s suitability for supervision to the office of the United States Attorney
• After bail decisions have been made, the probation and pretrial department supervise the accused during the pretrial.
• The agency monitors the convict for the duration of time fixed by the paroling department or a U.S. district court order.
• They conduct investigations and proffer bail reports on all individuals charged to the Court.

How Many Federal Courts Are There In South Dakota?

South Dakota has one federal district court and one associated federal bankruptcy court. Appeals from these district courts are taken to the Federal Court of Appeals for the Eighth Circuit located in Missouri. These district courts are:

• United States District Court District of South Dakota
• United States Bankruptcy Court District of South Dakota

1. The district court in South Dakota is located in four cities, which are Sioux Falls, Rapid City, Pierre, and Aberdeen.

South Dakota Federal District Court (Sioux Falls)
400 S. Phillips Ave.
Sioux Falls, South Dakota 57104
Phone: (605) 330 6600

South Dakota Federal District Court (Rapid Falls)
515 Ninth Street,
Rapid City, South Dakota 57701
Mail: Andrew W. Bogue
Federal Building & U.S. Court, 515 9th Street,
Rapid City, SD 57701
Phone: (605) 399 6000

South District Federal Court (Pierre)
225 South Pierre Street,
Pierre, South Dakota 57501
Mail: P. O. Box 7147, U.S. Post Office & Court,
225 South Pierre Street,
Pierre, South Dakota 57501
Phone: (605) 945–4600

South Dakota Federal District Court (Aberdeen)
102 4th Avenue, S. E.,
Room 408, Aberdeen, South Dakota 57401
Phone: (605) 945 4600

2. The federal bankruptcy court in South Dakota has locations in both Pierre and Sioux Falls.

South Dakota Bankruptcy Court (Pierre)
United States Bankruptcy Court
U.S. Post Office and Federal Court
225 South Pierre Street, Rm. 203
Pierre, South Dakota 57501 - 2463
Phone: 605–945–4460
Opening Hours: 8:00 a.m –5.00 p.m
Mondays to Thursdays (exempting federal holidays)

South Dakota Bankruptcy Court (Sioux Falls)
United States Bankruptcy Court
400 South Phillips Avenue,
Room 104, Sioux Falls, South Dakota 57104 –6851
Phone: 605–357–2400
Opening Hours: 8:00 a.m –5.00 p.m
Mondays to Thursdays (exempting federal holidays)

Are Federal Cases Public Records?

Yes, citizens of the country have a right to obtain federal court records. However, this right is not absolute. Some records deemed confidential by statute or court rule are not available for public inspection.

Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the record holder(s), unless said person(s) is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or the State that person resides or was accused in.

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.

How to Find Federal Court Records Online

Unrestricted U.S. Federal court records are all available online through PACER (Public Access to Court Electronic Records). Interested parties are required to have a PACER Login to access the online database. PACER’s FAQ webpage provides answers to all inquiries about the best ways to utilize the platform.

How to Find Federal Court Records in South Dakota

South Dakota federal court records are obtainable from any clerk of the district courts in the State. Interested parties should call at the office of the concerned federal court or order it through the mail. Requesters should note that federal district court clerks only maintain case records of the particular district courthouse they represent. The Federal Records Center in Denver also maintains older federal court records. This office is located at:

Denver Federal Records Center
17101 Huron Street,
Broomfield, CO 80023—8909
Main Phone: (303) 604 4760

Can Federal Crimes Be Dismissed In South Dakota?

Pursuant to Rule 48 of the United States Federal Rules of Criminal Procedure, South Dakota district courts may dismiss selected federal crimes. Federal crimes can only get dismissed after trial, and prosecution of the case has taken place. Also, dismissals do not occur before arraignment. Once a federal criminal case has been dismissed, the District Court’s Clerk has to push such a file to dead dockets where there will remain until enough evidence to reopen the case surfaces.

Interested persons should take note of the differences between a dismissal and the expungement of a criminal case. When a case gets dismissed by a judge, it means that there wasn’t enough evidence to fully prosecute the case. However, if substantial evidence is presented, such a claim may be reopened.

How Do I Clear My Federal Criminal Record?

To clear a federal criminal record in South Dakota, the interested party should write a petition to the office of a U.S. federal judge. A United States criminal record may get expunged or sealed by federal law or when a federal court rules in that individual’s favor. This restricts the accessibility of such documents from the general public. Also, an Attorney General is authorized to dismiss a federal criminal record that resulted from government wrongdoing or an unconstitutional conviction. If a person younger than 21 years (with no prior criminal record) gets convicted of owning a controlled substance, the individual’s record could be expunged pursuant to theUnited States Code 18. For further information on how a juvenile’s federal criminal record can be sealed or expunged, interested persons should visit the Correction of Youthful Offenders Code.

Criminal records are usually sealed or restricted if the accused is found to be innocent. It is rare for a federal criminal history record to be sealed/restricted after the individual gets convicted. As similar as they may seem, to expunge and seal off a national criminal record are not the same. Whereas expungement removes a conviction or arrests from an individual’s criminal history, sealing criminal records only gives the impression that the arrest or conviction has been cleared.