South Dakota Statutes
§ 23A-6-3 — Preliminary hearing required for filing felony information--Exceptions.
South Dakota § 23A-6-3
This text of South Dakota § 23A-6-3 (Preliminary hearing required for filing felony information--Exceptions.) 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-6-3 (2026).
Text
An information may be filed without a preliminary hearing against a fugitive from justice. No other information may be filed against any person for any felony until that person has had a preliminary hearing, unless that person waived his or her right to a preliminary hearing. All informations shall be filed with the court having jurisdiction of the offense by the prosecuting attorney prior to arraignment.
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Related
State v. Smith
2014 SD 15 (South Dakota Supreme Court, 2014)
State v. Rus
956 N.W.2d 455 (South Dakota Supreme Court, 2021)
Legislative History
SDC 1939 & Supp 1960, § 34.1503; SDCL §§ 23-20-2, 23-20-3; SL 1978, ch 178, § 63; SL 2014, ch 114, § 1.
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-6-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-6-3.