§ 23-1A-1 Petty offense procedures used by all law enforcement and judicial officers
§ 23-1A-2 Complaint and summons forms–Uniform traffic ticket–Contents
§ 23-1A-2.1 Ticket form for juvenile cited violations
§ 23-1A-3 State’s attorney as attorney for plaintiff
§ 23-1A-4 Complaint and summons as only complaint necessary
§ 23-1A-5 Signature under oath on complaint–Traffic ticket issued by law enforcement officer
§ 23-1A-6 Minor defendant–Guardian ad litem not required–Trial as juvenile delinquent
§ 23-1A-7 Detention of violator to issue complaint and summons–Not an arrest–Summons or arrest for other public offense
§ 23-1A-8 Hearing within ten days specified in summons–Earlier date if requested–Place of hearing
§ 23-1A-9 Resisting service or refusal to give information as misdemeanor
§ 23-1A-10 Defendant’s options for disposal of case
§ 23-1A-11 Written promise to appear–Admission and deposit–Immediate hearing if alternatives refused–Violation of promise to appear as misdemeanor
§ 23-1A-12 Admission of other than traffic violation in lieu of court appearance–Filing with deposit
§ 23-1A-13 Deposit in lieu of court appearance–Methods–Failure to appear as admission and forfeiture
§ 23-1A-14 Receipt for deposit–Check as receipt–Stop payment and failure to appear as misdemeanor
§ 23-1A-15 Appearance not required after admission or deposit–Judgment for plaintiff–Deposit as payment
§ 23-1A-16 Relief from admission by appearing in court–Matter set for trial
§ 23-1A-17 Acceptance of admission in court and entry of judgment–Trial if allegations denied–Procedure–Deposit required for continuance
§ 23-1A-18 Failure to appear after deposit or admission–Judgment entered
§ 23-1A-19 Failure to appear without deposit or admission as misdemeanor–Default judgment–Warrant for arrest
§ 23-1A-20 Motor vehicle violation–Certification of judgment forwarded to Department of Public Safety
§ 23-1A-21 Effect of judgment same as for other civil judgments–Execution, levy, and liens
§ 23-1A-22 Judgment–Amount–Reduction or elimination–Defendant award–Amount of deposit
§ 23-1A-23 Judgment proceeds deposited in county treasuries
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Terms Used In South Dakota Codified Laws > Title 23 > Chapter 1A - Petty Offense Procedure

  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2