Information on the criminal court process for offenders arrested in Custer County South Dakota and booked into the Custer County Jail. From the arrest to the sentencing and everything in between.
It might be helpful to define some words that will be used on this site, when explaining the South Dakota Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Custer County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when South Dakota, Custer County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Custer County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Custer County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of South Dakota, Custer County or a city or town. The prosecuting attorney for Custer County or the district is called the State’s Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.
Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances).
An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Custer County or municipal court to make sure that the arrested does not flee the area before their trial.
Bail in South Dakota is typically set at arraignment or a pretrial hearing. Some courts in South Dakota will establish bonds over the phone before arraignment occurs. Bail will be set and determined by the magistrate judge in the jurisdiction in which the case is taking place.
The magistrate judge is given the ability to consider various factors in determining bail. Judges in South Dakota rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range. Typically, some of the biggest factors considered are the nature of the offense, the amount of credible evidence against the defendant, the defendants criminal history, their location, their income, and their ability to afford to attempt to escape prosecution.
The South Dakota Courts can set conditions for the release of a defendant on bail. These conditions can include many factors such as not leaving a certain area, not consuming drugs or alcohol, not hanging out with certain people, and receiving mental health counseling. If these conditions are not met the person will be taken back into custody.
In South Dakota, it is up to the defendant to bear the burden of proof as to why they will not, or do not have the ability to flee prosecution. Bail is usually established in cases where a felony or Class I misdemeanor has occurred. People arrested on Class II misdemeanors are usually released on recognizance meaning that if the court decides that there is a good chance that the arrested will show up for trial and not flee, they are released on their own promise, or recognizance without having to pay bail.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
In South Dakota, once bail is set a defendant must pay the required amount of bail set by the court to be released from temporary holding (typically the county jail). If the person cannot afford the amount of bail required by the court, they must seek a bond from a licensed bondsperson to cover the amount.
Typically, a bond requires that the defendant pays at least 10% of the total cost of bail as a down payment. In return the bondsperson will cover the remaining portion of the bail. As a condition of covering this bail, the bondsperson will also assure the court that they will guarantee the return of the defendant. If a defendant fails to appear and flees prosecution, the bondsperson will not be reimbursed by the court until that person is brought in for trial.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in South Dakota, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in Custer County, and it must be worth at least the amount of the bond.
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest. If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
In South Dakota, if the arrested can show that they cannot afford an attorney, the court will appoint them a "public defender" from the county in which the case is taking place. If the county does not have a public defender’s office, an attorney will be appointed from a court appointed list or contracted with by the county. The Courts will provide one for juvenile, felony and misdemeanor cases when jail time is possible. If the court finds that an indigent client may have enough income to repay or partially repay the amount paid to a public defender by the county, the court can require payment to the county for reimbursement following the completion of the case.
For less serious criminal cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. This website provides contact information for pro bono services in South Dakota.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help centers in South Dakota.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in South Dakota, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late for court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
In South Dakota, a Misdemeanor Class 1 holds a maximum sentence of one year imprisonment in a county jail or two thousand dollars fine, or both and a misdemeanor Class 2 holds a maximum sentence of thirty days imprisonment in a county jail or five hundred dollars fine, or both.
A felony crime is a more serious crime than a misdemeanor and is divided into different classes of A, B and C for more serious felonies and class 1-6 for the less serious felonies The classes are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping, and identity theft.
In South Dakota, the classes of felonies are Class A, B and C felonies are punishable by life in prison or death sentence and a fine of $50,000.
The Custer County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Custer County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
The South Dakota Magistrate Courts are where the proceedings in most cases start. The magistrate court can process minor misdemeanor cases all the way through and the more serious misdemeanors up until trial which would take place in circuit court. Proceedings such as arraignment and pre-trial hearings for felony cases are handled in magistrate court before transferring to the circuit court. The magistrate court can issue warrants and appoint lawyers if needed.
The South Dakota Circuit Courts are where a felony case is handled from beginning to end. Misdemeanor cases can be processed in the magistrate court then handed up to the circuit court for prosecution and trial. The circuit courts can also handle appeals from the magistrate courts.
Specialty Courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. South Dakota calls these special courts Problem-Solving courts with a calendar specifically to address drug courts.
The following link describes the drug court in your area.
South Dakota Tribal Court information can be accessed at this link.
In South Dakota there are no intermediate appeals courts. Any decision by the circuit court can only be appealed to the South Dakota Supreme Court. Although this sounds intimidating, it can actually be advantageous for the defendant as the possibility of only one appeal rather than multiple can drastically reduce the cost of appealing a decision as opposed to other states.
The South Dakota Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The South Dakota State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the district courts of appeal.
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the South Dakota state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There is one U.S. Federal Judicial District in South Dakota.
