Missed Court in South Dakota: What Happens Next

South Dakota failure to appear law

In South Dakota, missing a required court date after release can be charged as its own crime. The statute grades it by the kind of case:

• Released on a felony charge: Class 6 felony. Failing to appear after release on a felony charge (or failing to report for a jail or prison sentence) is a Class 6 felony. (SDCL 23A-43-31(1))

  If such person was released in connection with a charge of a felony, an alleged felony violation of § 32-23-1 , or fails to report for a jail or state correctional facility sentence for any offense, be guilty of a Class 6 felony;

• Released on a misdemeanor charge: Class 1 misdemeanor. Failing to appear after release on a misdemeanor charge is a Class 1 misdemeanor. (SDCL 23A-43-31(2))

  If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor;

• Traffic citation: Class 2 misdemeanor. Intentionally violating a written promise to appear is a Class 2 misdemeanor, whatever happens to the original charge. (SDCL 32-33-2)

  Any person who intentionally violates his written promise to appear is guilty of a Class 2 misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

The statute’s mental-state words are “intentionally (traffic promise-to-appear tier only)”, so the reason the date was missed can matter.

When a date is missed, the court’s order is called a bench warrant (SDCL 32-33-2.2).

Driver’s license after a missed traffic date in South Dakota

On notice that a licensee failed to pay or comply with a traffic citation, the department gives notice and then suspends driving privileges indefinitely until payment or compliance (citations that require a personal appearance are excluded). (ARSD 61:18:07:01)

The department shall suspend the person's driving privileges for an indefinite period until notice of payment or compliance is provided to the department.

Bail and bonds after a missed date in South Dakota

A court may set a forfeiture aside on conditions if justice does not require enforcing it; no fixed deadline is set. (SDCL 23A-43-22)

To compare what posting bail costs in South Dakota, see the South Dakota bail bond calculator.

How to deal with a missed date in South Dakota

Only the court that set the date can recall a warrant or give a new date. Contact that court’s clerk, or the lawyer or public defender on the case, who can ask the court to recall or quash the warrant.

• The court system’s own guide: South Dakota UJS ePay FAQ (a warrant on a case: contact the county court)
• Official case search: South Dakota UJS public access record search (PARS)
• How to check for a warrant in South Dakota