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(in determining whether an appellant has been denied his right to a speedy trial under the Sixth Amendment, an appellate court considers the following factors: (1) the length of the delay; (2) the reasons for the delay; (3) whether the appellant made a demand for a speedy trial; and (4) prejudice to the appellant).
23A-16-3. (Rule 18) Right to speedy trial by impartial jury--Venue in county where offense committed. The accused has the right to a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed.
In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.
1. SDCL 23A-44-5.1, the so called "180-day rule," requires trial of a criminal case within 180 days of a defendant's first appearance before a judicial officer on an indictment, information or complaint. The rule also specifies certain periods of time that are to be excluded from calculation of the 180 days. 2.
Overview of Penal Code 1382 PC A formal charge (aka, an "information) must be filed against the defendant within 15 days of arrest; For infractions and misdemeanors, a trial must be held within 30-45 days of arraignment; For felonies, a trial must be held within 60 days of arraignment.