South Dakota Criminal Appearance Bond

State:
Multi-State
Control #:
US-FED-0040
Format:
Word
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Description

This form is for use in handling a procedural matter in a federal court proceeding.

South Dakota Criminal Appearance Bond, also known as a bail bond, is a legal agreement between a defendant and a bail bondsman or a surety company to ensure the defendant's presence in court for their criminal trial. This bond allows the defendant to be released from custody until their court appearance by providing a financial guarantee that they will appear in court as required. The purpose of a South Dakota Criminal Appearance Bond is to minimize the risk of a defendant fleeing or not showing up for their court date. It serves as a guarantee that the defendant will comply with the legal process and appear in court for their trial. If the defendant fails to appear, the bond amount can be forfeited, and the defendant may be subject to legal repercussions. There are several types of South Dakota Criminal Appearance Bonds that individuals charged with criminal offenses can pursue: 1. Cash Bond: This type of bond requires the defendant or their family/friends to pay the full bail amount in cash. Once the defendant fulfills their court obligations, the bail amount is returned, regardless of the trial's outcome. 2. Surety Bond: In this case, a surety company or bail bondsman guarantees the defendant's appearance in court by providing the necessary bail amount. The defendant or their family/friends typically pay a non-refundable fee, often a percentage of the total bail amount, to the bail bondsman or surety company. 3. Property Bond: Instead of cash, defendants can use their property, such as real estate or valuable assets, as collateral to secure their release from custody. This type of bond requires a court hearing to determine the value and eligibility of the property for bond purposes. 4. Release on Own Recognizance (OR): In certain cases, the court may release a defendant without requiring any form of bond. However, this option is usually reserved for individuals with minimal flight risk, no prior criminal history, and strong ties to the community. 5. Conditional Bond: A conditional bond imposes additional restrictions or requirements on the defendant's release, such as attending counseling, adhering to a curfew, or refraining from contact with certain individuals. Violating these conditions may result in the bond being revoked. Overall, South Dakota Criminal Appearance Bonds play a crucial role in the criminal justice system by providing a means for individuals to secure their temporary release from custody while ensuring their appearance in court. These bonds offer different options based on financial capabilities, property ownership, and the defendant's risk of flight, thus allowing individuals charged with criminal offenses the opportunity to await trial outside of detention.

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FAQ

After your application is presented to the South Dakota Board of Pardons and Paroles for review and recommendation, you will receive a written notice of the board's decision within 10 working days after the hearing.

Arraignment or Initial Appearance: Charges are read and an initial plea is entered (not guilty you plan to hire a lawyer).

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.

South Dakota law allows for expungement of misdemeanors and felonies, as well as drunk driving offenses, provided you are at least 75 years old, or the offense occurred at least 10 years after all conditions of probation have been satisfied, or date of sentencing if no jail time was served.

Under South Dakota state law, it is illegal for someone to have/buy a gun if s/he: was convicted in South Dakota or another state of a crime of violence; (Note: It is only illegal for 15 years after the person was last discharged from prison, jail, probation, or parole for the crime);

No person who has been convicted of a felony under chapter 22-42 or of a felony for a crime with the same elements in another state may possess or have control of a firearm. A violation of this section is a Class 6 felony.

Firearms. Firearms rights are not lost unless a person is convicted of a ?crime of violence? or certain drug felonies, in which case rights are restored automatically fifteen years after completion of sentence. S.D. Codified Laws § 22-14-15; see also § 22-1-2(9) (defining ?crime of violence?).

If the Judge sets the bond at a ?personal recognizance,? the person will be released from jail on their word that they will appear for all of their future court dates. If a bond is set at a ?cash bond,? the person will have to post that amount at the jail before he or she can be released.

More info

Jul 1, 2023 — FELONIES. 1. Those accused of murder, first degree manslaughter, or kidnapping are to be brought before a circuit judge or magistrate judge ... Nov 1, 2018 — SETTING BOND - Bond is set by calling a Judge between 8:00 a.m. and 9:00 p.m. utilizing the 3rd Circuit Bond. Call Schedule. After 9:00 p.m. ...(4) Require an appearance bond in a specified amount. The bond shall be executed by depositing with the clerk of the court, in cash or other security, as ... Form Form 1.Complaint Form 2.Arrest Warrant and Return Form 3.Summons Form 4.Receipt for Property Taken from Defendant Form 5.Order Holding the Defendant to ... The court shall consider available funding sources before imposing this condition of release; (4) Require an appearance bond in a specified amount. The bond ... If the Judge sets bond at “cash or surety,” this means that the person has ... Once a case has been filed, the first step in the criminal process is the initial ... Section 23A-4-4 - Advice to defendant and admission to bail when initial appearance before another magistrate-Initial appearance without warrant-Transmittal ... Sep 30, 2013 — Depending upon the charge, the suspect may be eligible to bond out, and be assigned a future court date, or held until the next working day to ... You can sit in the jail and wait for the trial or you can be released by posting a bond. Since the criminal trial may be several weeks, if not months away, ... Feb 20, 2023 — Every state requires first appearance to be prompt with laws specifying an appearance in court "promptly," "without delay," "as soon as ...

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