South Dakota Statutes
§ 23A-6-3 — Preliminary hearing required for filing felony information--Exceptions.
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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South Dakota § 23A-6-3 (Preliminary hearing required for filing felony information--Exceptions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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.