South Dakota Motion to Release Defendant and Set Reasonable Bond

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US-02735BG
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bond if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

The eighth amendment in the American Bill of Rights was adopted from the English Bill of Rights of 1689 and provides that excessive bail or fines shall not be imposed. Interpretations of the U.S. Constitution and State constitutions have consistently upheld the right to deny bail in capital cases.

A preliminary hearing is scheduled for all felony charges. The purpose of a preliminary is to ensure that the State has at least enough evidence, whether that evidence is tangible, circumstantial, or testimonial, that if found to be true could lead to a finding of guilt.

How does bail bonds work in South Dakota? A defendant can get out of jail when hiring a South Dakota bail bonds agent. The premium is typically 10% of the bond and the defendant guarantees they will go to all court appearances or forfeit the bond; then owing the bondsman.

The bond ensures that the estate's beneficiaries and creditors will receive compensation for financial harm if the personal representative fails to abide by the regulations outlined in South Dakota Statute 29A-3-606.

A no bond status signifies that an individual is not eligible for release from county jail through the payment of bail, as a judge has not set a bail amount. The arrested person will remain in custody until a judge potentially sets bail at a later hearing or the case concludes.

FAILURE TO APPEAR AT THE TIME REQUESTED MAY RESULT IN THE CONVICTION OF A CLASS FIVE FELONY (5 years imprisonment in the state penitentiary and/or a fine of $5,000 may be imposed) IF THE FAILURE TO APPEAR OCCURRED IN A FELONY CASE.

In South Dakota, it is a felony to fail to report to serve a county jail or penitentiary sentence, regardless of whether the sentence for which the defendant failed to report to jail on was for a felony or a misdemeanor offense.

Although the Eighth Amendment protects against excessive bail, there is not an absolute right to bail, as noted in The Bail Reform Act, 18 USC Chapter 207. Section 3142 of the Act denies bail to certain defendants pending trial, specifically denying bail to defendants likely to flee or pose a danger to society.

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South Dakota Motion to Release Defendant and Set Reasonable Bond