South Dakota Codified Laws 23A-40-6.1. Assigned counsel not required where defendant not deprived of liberty–Statement of judge required
At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on the record, in the defendant‘s presence, that the defendant will not be deprived of his liberty if he is convicted. The circuit court judge’s or magistrate’s statement that the defendant will not be deprived of his liberty if he is convicted shall be made before the defendant enters his plea. If the defendant is not in custody and if the court has concluded that he will not be deprived of his liberty if he is convicted, an indigent defendant charged with violating a Class 2 misdemeanor, an ordinance not having a penalty greater than a Class 2 misdemeanor or a petty offense, is not entitled to court assigned counsel.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 23A-40-6.1
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Source: SL 1983, ch 190, § 2.