South Dakota Statutes
§ 23A-4-7 — (Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense.
South Dakota § 23A-4-7
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-4PRELIMINARY PROCEEDINGS BEFORE MAGISTRATE
This text of South Dakota § 23A-4-7 ((Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense.) 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-4-7 (2026).
Text
If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the committing magistrate shall dismiss the complaint and discharge the defendant. The discharge of a defendant does not preclude a prosecuting attorney from instituting a subsequent prosecution for the same offense.
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Related
State v. Olsen
462 N.W.2d 474 (South Dakota Supreme Court, 1990)
Legislative History
SDC 1939 & Supp 1960, § 34.1406; SDCL, § 23-27-13; SL 1978, ch 178, § 42.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-4-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-4-7.