South Dakota Codified Laws 33-10-130. Statute of limitations for new charges and specifications following dismissal for defect or insufficiency
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If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:
(1) Has expired; or
Terms Used In South Dakota Codified Laws 33-10-130
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Will expire within one hundred eighty days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in § 33-10-131 are met.
Source: SL 2012, ch 175, § 111.