What Do You Do If You Are On Trial For a Crime in South Dakota?

Any person charged with committing a criminal offense in South Dakota must usually appear at the state’s circuit court. Arrestees are typically advised to hire a lawyer. Those who cannot afford one are assigned an attorney from the public defender’s office. After the prosecutor files the charges, the accused's representative will be expected to respond on behalf of the defendant. Both parties then work to gather evidence in order to make their case at the hearing. However, they may reach an agreement (a plea bargain) and opt to settle the matter out of court.

What Percentage of Criminal Cases Go to Trial in South Dakota?

The unified judicial system of South Dakota releases an annual report of all court activities in the state. According to the 2019 statistical report, the state’s circuit courts recorded a total of 12,527 felony and extradited case filings, 20,827 class 1 misdemeanor cases, and 104,426 class 2 misdemeanor filings for the same year. While about 43% of criminal cases are pending trial, only about 6% reach trial.

When Does a Criminal Defendant Have the Right to a Trial?

As stated in Section 7 of the South Dakota Codified Laws, all accused persons are entitled to a statutory hearing and to have an unbiased jury in a speedy public trial. This is expected to occur in the county or area where the crime is claimed to have been committed. That right is also backed up by the Federal law (Sixth Amendment), which states that accused individuals are entitled to due process in a trial court.

What Are the Stages of a Criminal Trial in South Dakota?

Criminal trial procedures in South Dakota occur in seven stages. However, these stages may vary slightly depending on the case. Typically, trial proceedings follow the order below:

• Selection of the jury: The court clerk is responsible for drawing up the names of the individuals who have been summoned to be jurors.
• Reading the Indictment: At the beginning of the court proceeding, either the prosecutor or the clerk reads out the charges against the accused.
• Prosecutor’s opening statement: Here, the plaintiff will be allowed to present the evidence to support the charges.
• The defendant’s opening statement: The accused or the representative makes their case to dispel the prosecutor’s charges.
• Further evidence and witnesses: Both parties are permitted to present rebutting evidence and present witnesses.
• Instruction from Judge: Here, the judge declares the appropriate laws and states the issues. However, the judge is not to instruct the jurors regarding any fact.
• Closing Arguments: After the court has concluded with the evidence, both parties will be allowed to make their last arguments.

How Long Does It Take For a Case to Go to Trial in South Dakota?

As stated in 23A–44–5.1 of the constitution, any person convicted, informed, or charged with any crime in South Dakota should be tried in court within 180 days. These 180 days begin to count from the day the defendant first appears before the judicial officer regarding an accusation or allegation. In cases of a mistrial, the trial date begins to count when the order is filed for a new trial.

What Does it Mean to be Indicted in South Dakota?

In South Dakota, an individual is said to be indicted when a grand jury formally accuses them after finding probable cause to justify a trial. The indictment itself is an official document written by the grand jury and presented to the court, charging the defendant with specific felony crimes based on the grand jury's findings after considering the evidence before them.

Under SDCL 23-A-5-18, a grand jury comprises 6 to 8 citizens selected within the state. At least six jurors must concur for an indictment to be issued.

It is not the grand jury's duty to determine the defendant's guilt or innocence. That is the duty of an appointed trial judge. Therefore, an indictment is not a conviction. Instead, it is the first step before taking a criminal case to trial, particularly for felonies and capital crimes.

An indictment in South Dakota must contain the following:

• The court where the indictment occurred
• The document title
• The name of the defendant or a description
• A brief statement of the charges
• The signature of the prosecutor
• The signature of the foreman of the grand jury

After an indictment, the defendant is formally informed of the charges against them so they may be aware and prepare an adequate defence.

Does Indictment Mean Jail Time in South Dakota?

An indictment is not the same as a conviction. It is only a charge or accusation upon finding probable cause. First, the grand jury only reviews the evidence and testimonies and either agrees or disagrees that it is sufficient for probable cause. Second, the burden of proof for a conviction is much higher - proof beyond a reasonable doubt. The court handles this during the trial. Therefore, being indicted does not necessarily mean the defendant will automatically serve jail time. Moreover, they may be acquitted at trial.

However, the accused may be detained if:

• They are denied bail
• They cannot afford bail
• They committed a serious felony, such as murder or rape
• The judge believes they would not show up in court
• They are deemed a threat to the safety of the community

Furthermore, the law in South Dakota permits plea negotiations. This is governed by SDCL § 23A-7-8. Following an indictment, the defendant and their attorney may negotiate terms with the prosecutor to avoid a time-consuming and costly trial. In complicated cases, a plea deal may hasten resolution. However, under § 23A-7-5, the plea must be voluntary, not coerced or done through intimidation, but with awareness of the legal implications.

What Happens When a Court Case Goes to Trial in South Dakota?

When the prosecutor and defendant cannot agree on a plea bargain, the case goes to trial. After the impaneled jury has been sworn in, the plaintiff and the respondent will present evidence to support their case. The prosecution will also be permitted to make claims and present witnesses, and the defense will be allowed to make counterclaims and cross-examine the witnesses.

After the testimonies, the defense attorney shall open their arguments, and the defendant will do the same. Afterward, the prosecutor will be allowed to conclude the complaint to the jury.

After the presiding judge has given the instructions, the jurors are expected to reach a unanimous verdict concerning the defendant. In South Dakota circuit courts, if a criminal case is tried without a jury, the judge will decide the case. Usually, the judge gives the judgment at the hearing, but sometimes, the judge requires more time to reach a verdict.

Can You Be Put on Trial Twice for the Same Crime in South Dakota?

No. South Dakotans cannot be made to face trial twice for the same offense—this is according to the Fifth Amendment of the U.S. Constitution, also known as the double jeopardy clause. This law prevents persons who have been convicted or acquitted from being indicted again for that same offense. However, such persons may be made to face trial in two separate states if both states consider the act a breach of their laws.

How Do I Look up a Criminal Court Case in South Dakota?

To access South Dakota’s ongoing court records, interested persons will have to reach out to the courthouse clerk where the case is being heard. The same applies to concluded criminal court records that might not be available online. Criminal court dockets are produced and maintained by different law enforcement organizations within the state. Interested persons may also look up criminal court cases on third-party websites like Southdakotacourtrecords.us.

How to Access Electronic Court Records in South Dakota

The South Dakota UJS keeps records of criminal cases online in the state. The electronic court records available on the site are unsealed case documents dating from 1989 to the present. To request criminal documents, interested persons will need to pay a $20 fee for statewide searches and county-specific records. A $5 fee applies if the requester certifies that the search is in conjunction with a pending federal or state case.

South Dakota criminal records may also be accessible through some third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

How Do I Remove Public Court Records in South Dakota?

South Dakota state statutes provide for the expungement of criminal records depending on the offender’s age when the crime was committed and the gravity of the crime. Below are examples of documents that cannot be expunged:

• A class 1 or 2 felony conviction
• Any crime that involves a minor
• Any offense of moral turpitude
• Felony sexual assaults

Interested and eligible parties may petition the appropriate district attorneys to expunge criminal records. The interested party is expected to prepare an “order of expungement” for a judge to sign. If the judge grants the expungement order, they may serve that order on all organizations holding documents related to the conviction or arrest.