What specific laws and rights pertain to bail forfeiture, revocation, and recovery in the state of South Dakota?
March 23, 2025
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The relevant laws for South Dakota are found in Title 23A, Chapter 43. These govern bail, bond, and release procedures.
Specifically:
- If a defendant materially violates release conditions without good cause, the court must revoke bond and forfeit bail.
- If you’re not in custody when that happens, a warrant will be issued. (SDCL § 23A-43-21)
That said, courts do have the discretion to set aside a forfeiture if they feel enforcing it is unnecessary for justice.
Your bond remains active as long as no one notifies the court of a violation. That means if you proactively appear or reach out to the court in South Dakota, you’re protecting yourself.
Best next step: Contact the court that issued the warrant. Tell them you’ve been released and need a court date. Ask to be added to the judge’s docket. That gets you back in compliance.
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I was arrested on a fugitive warrant (FOJ) in another state. I was asked to waive extradition, which I declined.
I was then offered bail to appear on my own in the state where the charges were filed.
I posted bail and was released by the asylum state.
The conditions of my bail were that I must appear at all scheduled hearings until the matter is resolved.
Upon release, I was given a document with these conditions — but I wasn’t given a specific court date to appear in the wanting state.
I asked why, and was told that the wanting state didn’t provide a date — likely out of spite toward the asylum state for releasing me.
So instead of saying “you must appear on such date,” the document says “you must appear on this matter in such state as soon as possible.”
My question: What are the specific laws and rights surrounding bail forfeiture, revocation, and recovery in the state of South Dakota?
I understand your concern. Just to clarify — are you saying the owner (you) posted bail and now you’re unsure about your legal obligations without a scheduled court date?
Yes.
Is there a specific policy or condition from the court or state regarding how you’re supposed to report back?
No, I was just told to appear “as soon as possible.”
Thanks for clarifying. I’ll now connect you with a licensed attorney who can explain your legal rights and responsibilities under South Dakota law.
Hello and welcome to the site. My name is Barrister, and I’m a licensed attorney. Thank you for your question — I understand your situation, and I’m sorry you’re dealing with this, it can be frustrating.
Just a heads-up, I may take a moment to respond as I help other clients too.
From what you’ve described, you were arrested on a warrant from South Dakota while in another state (asylum state). You were given bond and released with conditions to appear — but no appearance date was provided.
This kind of situation can happen in extradition cases when states don’t fully cooperate or delay communication.
The relevant laws for South Dakota are found in Title 23A, Chapter 43. These govern bail, bond, and release procedures.
Specifically:
- If a defendant materially violates release conditions without good cause, the court must revoke bond and forfeit bail.
- If you’re not in custody when that happens, a warrant will be issued. (SDCL § 23A-43-21)
That said, courts do have the discretion to set aside a forfeiture if they feel enforcing it is unnecessary for justice.
Your bond remains active as long as no one notifies the court of a violation. That means if you proactively appear or reach out to the court in South Dakota, you’re protecting yourself.
Best next step: Contact the court that issued the warrant. Tell them you’ve been released and need a court date. Ask to be added to the judge’s docket. That gets you back in compliance.
Let me know if you have any other questions about this — I’m happy to help.
Thank you. I'll take from here
Be safe, and best of luck with your case.
