If there is unnecessary delay in presenting a charge to a grand jury or in filing an information against a defendant who has been held to answer to a circuit court, or if there is unnecessary delay in bringing a defendant to trial, a court may dismiss his indictment, information or complaint.
S.D. Codified Laws § 23A-44-3
Dismissal of charges for unnecessary delay in prosecution
Applied in 1 court decision — leading case State v. Bradshaw (2025)
Most recently applied in State v. Bradshaw (August 2025)
Source: SDC 1939 & Supp 1960, §§ 34.2201, 34.2202; SDCL, §§ 23-34-1, 23-34-2; SL 1978, ch 178, § 536.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.