Criminal Defense Attorneys in Sioux Falls, SD

In South Dakota, you should hire or request an attorney as soon as you are arrested, formally charged, or believe you are under criminal investigation. Having counsel early is important before any police questioning, and especially before any court appearances, plea discussions, trial, or sentencing. An attorney can protect your constitutional rights, advise you on what to say, or more importantly, what not to say, advocate for reasonable bond conditions, and help you understand the potential consequences of the case.

Speaking to law enforcement without an attorney carries significant risk. Anything you say can be used against you in court, and even seemingly harmless statements can unintentionally damage your defense. Once you waive your right to remain silent and begin answering questions, it can be difficult to undo that decision. The safest course is to clearly state that you are invoking your right to remain silent protected under the fifth amendment and that you want an attorney then to stop answering questions until counsel is present.

After an arrest in South Dakota, the process generally unfolds in this order:

First, the person is taken into custody and transported to a local jail for booking. Booking includes recording personal information, photographing, fingerprinting, and documenting the alleged offense. Personal property is inventoried and held. If the arrest was made without a warrant, officers must establish probable cause for the detention.

Next comes the initial appearance, which must occur without unnecessary delay—typically within 48 hours. At this hearing, a judge informs the defendant of the charges, explains constitutional rights (including the right to remain silent and the right to counsel), and addresses conditions of release. The court will consider bail or a personal recognizance bond. If the person cannot afford an attorney, they may request court-appointed counsel at this stage. 

If the charge is a felony, the case proceeds toward a preliminary hearing (unless indicted by a grand jury), where the court determines whether there is probable cause to move forward. For misdemeanors, the case may move directly toward arraignment and later hearings. An arraignment is a formal court hearing where the defendant is officially informed of the criminal charges against them and asked to enter a plea.

Throughout this process, the defendant has the right to remain silent and the right to an attorney under the U.S. Constitution and South Dakota Constitution. Early decisions, especially about speaking to law enforcement or accepting bond conditions, can significantly affect the case. 

In South Dakota, bail (bond) is the process that allows a person who has been arrested to be released from jail while their case is pending. The purpose is to ensure the person returns to court and does not pose a danger to the community. 

After an arrest, a judge sets bond at the initial appearance. The judge considers factors such as the seriousness of the charge, prior criminal history, ties to the community, risk of flight, and public safety. In some cases, a preset bond schedule may apply, but a judge can modify it.

There are several types of bonds:

• Personal Recognizance (PR) Bond: Release without paying money upfront. The defendant signs a promise to return to court.

• Cash Bond: The full bond amount must be paid to the court. It may be refunded at the end of the case if all court appearances are made (minus possible fees or fines).

• Surety Bond: A bail bondsman posts bond for a fee (typically nonrefundable). The bondsman may require collateral. Some circuits have gone away from surety bonds. 

• Conditions of Release: The court may impose rules such as no-contact orders, alcohol monitoring, travel restrictions, or regular check-ins. 

If a person cannot afford the bond amount, they can ask the court for a bond reduction hearing. The judge can lower, raise, or modify conditions based on the circumstances. 

If the defendant fails to appear in court or violates conditions, the bond can be revoked, a warrant may be issued, and any posted money can be forfeited. The defendant will also likely be charged with a new crime of failure to appear, which may be a felony or misdemeanor depending on the circumstances. 

In South Dakota, when a judge releases someone on bond, the court can impose conditions of release designed to (1) ensure you return to court and (2) protect public safety. The conditions of release vary based on the charge, criminal history, and individual circumstances.

• The most common conditions include:

• Court appearance requirements: You must attend all scheduled hearings. Missing court can lead to a warrant and bond revocation.

• No-contact orders: The judge may prohibit contact—direct or indirect—with an alleged victim, witnesses, or co-defendants. This can include no calls, texts, social media messages, or third-party contact.

• Geographic restrictions: You may be ordered to stay away from certain locations (like a victim’s home or workplace) or not leave the state without permission.

• Substance restrictions: The court may order no alcohol or drug use, random testing, or compliance with treatment. In DUI cases, this can include ignition interlock devices or alcohol monitoring.

• Firearm restrictions: You may be prohibited from possessing firearms, especially in domestic violence or felony cases.

• Supervision: The judge can require check-ins with a pretrial services officer or probation officer.

• Curfew or electronic monitoring: In higher-risk cases, GPS monitoring, house arrest, or a set curfew may be imposed.

• Employment or schooling requirements: You may need to maintain or actively seek employment or continue school.

• Mental health or counseling requirements: Evaluations or counseling may be ordered if relevant to the charges.

If you violate any release condition, the court can revoke your bond, issue a warrant, increase the bond amount, or impose additional restrictions. You can request a hearing for bond modification if the conditions are too restrictive or your circumstances change. However, there is no guarantee that the Judge will grant that request.

In South Dakota, a felony preliminary hearing is held fairly soon after the initial appearance, but the exact timing depends on whether the person is in custody and whether either side requests a delay.

Generally:

• If the defendant is in custody, the preliminary hearing is typically scheduled within about 15 days of the initial appearance. 

• If the defendant is out on bond, it is usually scheduled within about 45 days. 

These timeframes can be extended if the defense or prosecution asks for a continuance, if there are scheduling conflicts, or if both sides agree to delay. In some cases, the defendant may waive (give up) the preliminary hearing altogether.

A preliminary hearing is not a trial. The judge’s role is only to decide whether there is probable cause to believe a felony was committed and that the defendant committed it. If probable cause is found, the case is “bound over” to circuit court for arraignment and further proceedings. If not, the felony charge can be dismissed (though charges can sometimes be refiled).

In South Dakota, a suspended imposition of sentence means the court does not enter the sentence right away and instead places the defendant on probation under conditions set by the court. If the defendant successfully completes those conditions, the case can end in a discharge and the record being sealed rather than a final sentence being imposed. 

 The key statutes are SDCL 23A-27-12.2 and SDCL 23A-27-13. These statutes authorize a court, in qualifying cases, to suspend imposition of sentence and place the defendant on probation “upon any terms and conditions” the court finds appropriate. 

A few things to know: 

• A SIS is discretionary, not automatic; the judge decides whether to grant it. 

• If the defendant violates probation, the court can revoke the SIS and then impose sentence. 

• South Dakota law also says discharge and dismissal under the SIS statutes is available only once for a felony SIS under 23A-27-13 and only once for a misdemeanor SIS under 23A-27-12.2.

• There are statutory eligibility limits. 

One important caution: even though people often describe an SIS as avoiding a conviction if completed, it can still count as a “conviction” for some collateral purposes under particular statutes. For example, a DUI offense where a defendant received a SIS is still counted for enhancement purposes should the individual pick up subsequent DUI charges.