§ 23A-43-2 Release of defendant on personal recognizance or unsecured bond–Exceptions
§ 23A-43-2.1 Defendants charged with offense punishable by death
§ 23A-43-3 Additional conditions of release imposed when necessary to assure appearance for trial
§ 23A-43-3.1 Report of noncompliance with mental health treatment
§ 23A-43-3.2 Rules regarding noncompliance with mental health treatment
§ 23A-43-4 Factors considered in determining conditions of release to be imposed
§ 23A-43-5 (Rule 46(b)) Conditions of release and bond continued unless ordered increased–Statement of reasons for adding conditions
§ 23A-43-6 Order stating conditions of release–Advice to defendant as to results of violation
§ 23A-43-7 Amendment of order to impose additional or different conditions of release–Review on inability of defendant to meet additional conditions
§ 23A-43-8 Review of conditions when defendant unable to meet conditions for release–Statement by magistrate of reasons for conditions
§ 23A-43-9 Review of conditions requiring return to custody after specified hours–Statement by magistrate of reasons for requirement
§ 23A-43-10 Review by another magistrate when committing magistrate unavailable
§ 23A-43-11 Continuation of conditions to insure subjection to another court where charges pending–Transmittal of papers to other jurisdiction
§ 23A-43-12 Information considered in bail proceedings need not conform to rules of evidence
§ 23A-43-13 Disposition of cases by forfeiture of collateral not prohibited
§ 23A-43-14 Motion for amendment by circuit judge of conditions of release
§ 23A-43-15 Appeal to Supreme Court for amendment of conditions of release–Disposition by court
§ 23A-43-16 Release pending judgment or appeal–Criteria considered–Right to judicial review of conditions
§ 23A-43-17 (Rule 46(c)) Burden of proof as to risk of flight or danger
§ 23A-43-18 Conditions of release imposed on material witness–Release after deposition taken
§ 23A-43-19 Order for commitment or better security from person about to abscond–Order of arrest
§ 23A-43-20 (Rule 46(d)) Justification by sureties–Findings as to financial responsibility–Attorney not to be surety
§ 23A-43-21 (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition–Warrant for arrest
§ 23A-43-22 (Rule 46(e)(2)) Setting aside forfeiture of bail
§ 23A-43-23 (Rule 46(e)(3)) Default judgment on forfeiture–Enforcement of liability on motion–Notice of motion
§ 23A-43-24 (Rule 46(e)(4)) Remission of bond after entry of judgment
§ 23A-43-25 Proceeding against bail after forfeiture of undertaking–Payment into county treasury of money deposit forfeited–Bonds for traffic or other misdemeanor violations excluded
§ 23A-43-25.1 Reinstated bond or undertaking paid to officer with whom originally deposited
§ 23A-43-26 (Rule 46(f)) Exoneration of obligors and release of bail–Cash deposit or surrender of defendant exonerating
§ 23A-43-27 Exoneration of bail on commitment under sentence
§ 23A-43-28 Exoneration of bail on commitment as mentally ill
§ 23A-43-29 Arrest of defendant by surety on violation of conditions–Recommitment and discharge of surety
§ 23A-43-30 (Rule 46(g)) Court supervision to eliminate unnecessary detention
§ 23A-43-31 Failure to appear after release as forfeiture of security–Felony or misdemeanor
§ 23A-43-32 Contempt powers of courts unimpaired
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 43 - Bail

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.