A public defender shall represent any indigent person who is:

(1) Detained by a law enforcement officer without charge or judicial process;

Terms Used In South Dakota Codified Laws 7-16A-9

  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.

(2) Arrested or charged with having committed a crime or of being a juvenile delinquent;

(3) Detained under a conviction of a crime, juvenile delinquency, or mental illness; or

(4) Otherwise an indigent person entitled to representation by law, to the same extent as a person having his or her own counsel, and with the necessary services and facilities of representation, including investigation and other preparation, authorized or approved by a court.

Source: SL 1978, ch 152, § 9; SL 2016, ch 44, § 35.

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