On a motion pursuant to § 23A-43-16, the burden of establishing that a defendant will not flee or pose a danger to any other person or to the community rests with the defendant.
S.D. Codified Laws § 23A-43-17
(Rule 46(c)) Burden of proof as to risk of flight or danger
Source: SL 1978, ch 178, § 518; SL 1985, ch 200, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.