South Dakota § 23A-39-4 Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant.

South Dakota Statutes

§ 23A-39-4 — Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant.

South Dakota § 23A-39-4

Title 23ACRIMINAL PROCEDURE

Ch. 23A-39(RULE 43) PRESENCE OF THE DEFENDANT

This text of South Dakota § 23A-39-4 (Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-39-4 (2026).

Text

If the defendant has been released on bail in accordance with any provision of chapter 23A-43 and does not appear when so ordered by the court, the court, in addition to the forfeiture of bail, may direct the clerk of the court to issue a bench warrant for his arrest. The clerk, on application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant, and may assess costs of such issuance against the defendant in the sum of ten dollars.

Free access — add to your briefcase to read the full text and ask questions with AI

If the defendant has been released on bail in accordance with any provision of chapter 23A-43 and does not appear when so ordered by the court, the court, in addition to the forfeiture of bail, may direct the clerk of the court to issue a bench warrant for his arrest. The clerk, on application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant, and may assess costs of such issuance against the defendant in the sum of ten dollars.