§ 23A-7-1 (Rule 10) Arraignment in open court–Procedure–Verification or correction of name–Copy given to defendant
§ 23A-7-2 (Rule 11(a)) Pleas permitted to defendant–Requirements for plea of guilty or nolocontendere
§ 23A-7-3 (Rule 11(b)) Consent required for nolo contendere plea–Considerations by court
§ 23A-7-4 (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere
§ 23A-7-5 (Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea–Pleadingby attorney to misdemeanor–Imposition of sentence
§ 23A-7-7 Pleading to habitual offender information–Jury trial
§ 23A-7-8 (Rule 11(e)(1)) Plea bargaining permitted–Concessions by prosecutor permitted–Noticeto victims
§ 23A-7-8.1 Victim’s failure to comment–Effect
§ 23A-7-9 (Rule 11(e)(2)) Disclosure of plea agreement and victims’ comments to court–Acceptanceor rejection–Report by prosecuting attorney
§ 23A-7-10 (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement
§ 23A-7-11 (Rule 11(e)(4)) Advice to parties as to rejection of plea agreement–Withdrawal of pleaby defendant
§ 23A-7-12 (Rule 11(e)(5)) Time of notification to court of plea agreement
§ 23A-7-13 (Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal–Exception in perjury prosecutions
§ 23A-7-14 (Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere
§ 23A-7-15 (Rule 11(g)) Record of proceedings at which plea entered–Contents

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 7

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • Chambers: A judge's office.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2