South Dakota § 23A-40-6.1 - Assigned counsel not required where defendant not deprived of liberty--Statement of judge required.
Full text of South Dakota South Dakota Codified Laws § 23A-40-6.1 — Assigned counsel not required where defendant not deprived of liberty--Statement of judge required., with citation guidance and answers to common questions.
§ 23A-40-6.1. Assigned counsel not required where defendant not deprived of liberty--Statement of judge required.
At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on the record, in the defendant's presence, that the defendant will not be deprived of his liberty if he is convicted. The circuit court judge's or magistrate's statement that the defendant will not be deprived of his liberty if he is convicted shall be made before the defendant enters his plea. If the defendant is not in custody and if the court has concluded that he will not be deprived of his liberty if he is convicted, an indigent defendant charged with violating a Class 2 misdemeanor, an ordinance not having a penalty greater than a Class 2 misdemeanor or a petty offense, is not entitled to court assigned counsel.
Source: SL 1983, ch 190, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-40-6.1
What does South Dakota Codified Laws § 23A-40-6.1 cover?
Section 23A-40-6.1 ("Assigned counsel not required where defendant not deprived of liberty--Statement of judge required.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-40-6.1?
A common citation format is "South Dakota Codified Laws § 23A-40-6.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-40-6.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.