Bail After An Arrest
SDCL § 23A-43-2 — release on personal recognizance or an unsecured bond, unless the court finds it will not assure appearance
Release is the rule. A defendant is ordered released pending trial on personal recognizance or an unsecured appearance bond, unless the magistrate or court finds that will not reasonably assure appearance, or that the defendant may pose a danger to another person or the community.
- The nature and circumstances of the offense, and the weight of the evidence.
- Family ties, employment, financial resources, character and mental condition.
- Length of residence in the community, and the record of convictions.
- The record of appearing in court, or of flight or failure to appear.
Those are what the court takes into account in setting the conditions of release.
A charge punishable by death is outside the rule. Conditions in a particular case are a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 23A-43-2 — Release of defendant on personal recognizance or unsecured bond; Exceptions
- SDCL § 23A-43-4 — Factors considered in determining conditions of release to be imposed
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.