South Dakota Codified Laws > Title 23A > Chapter 39 – (Rule 43) Presence of the Defendant


§ 23A-39-1	(Rule 43 (a)) Presence required at all times except as provided
§ 23A-39-2	(Rule 43(b)) Voluntary absence of defendant from trial–Conduct justifying exclusion
§ 23A-39-3	(Rule 43(c)) Corporation appearing by counsel–Presence not required in misdemeanorprosecutions–Hearing to reduce sentence
§ 23A-39-4	Bench warrant for defendant failing to appear after release on bail–Costs assessed againstdefendant

Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.