South Dakota Emergency Motion to Remand Cause

Q: What is the 180 day rule in South Dakota?

1. SDCL 23A-44-5.1, the so called &quot;180-day rule,&quot; requires trial of a criminal case within 180 days of a defendant&#039;s first appearance before a judicial officer on an indictment, information or complaint. The rule also specifies certain periods of time that are to be excluded from calculation of the 180 days. 2.

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-00859

Format:

Instant download

Description

This is an Emergency Motion to Remand Cause. This form is to be used when the Defendant is appealing his/her convictions in a lower court, but no transcript has been filed. He/ She will be incarcerated until the findings of this Motion are decided, and therefore urges the cour to remand this case, back to the lower court, as soon as possible. This form is applicable in all states.

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1. SDCL 23A-44-5.1, the so called "180-day rule," requires trial of a criminal case within 180 days of a defendant's first appearance before a judicial officer on an indictment, information or complaint. The rule also specifies certain periods of time that are to be excluded from calculation of the 180 days. 2.

29-19-02. Right to speedy trial. The right to a speedy trial in a criminal case in which the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under chapter 12.1-20 is for the trial to begin within ninety days of the date the party elects this right.

No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor.