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Ryan Kolbeck

How COVID-19 Is Affecting The Justice System In South Dakota

Kolbeck Law Office recognizes the anxiety that is being felt in South Dakota and across the country related to COVID-19. Kolbeck Law Office remains open, so we can continue working diligently on your case. All clients are encouraged to contact the office via phone call or email.

As this applies to our legal system, area courts are taking extra precautions to prevent the spread of COVID-19 while still administering justice. The following is an update on how Kolbeck Law Office and area Court systems are responding to COVID-19, and how it may impact your case.

Courtroom Proceedings

Currently, some cases can go forward and be resolved.  Specifically, if nothing more is required from the client other than paying a fine, the prosecutor, defense attorney and judge can resolve the case without the defendant present.

Some judges are choosing to leave courtroom doors open to allow for more air flow. Some courts may also limit the number of people who can be present for proceedings. Kolbeck Law Office is currently scheduling all cases on Thursdays to limit exposure to COVID-19.

Paperwork

All relevant court documents must be filed electronically at this time. Courts currently do not allow the handling of paperwork from person to person. Kolbeck Law Office has done this in past, and we will come prepared to the courthouse with this in mind.

Jail Visits

We recognize that people in custody are anxious about getting sick, and anxious about loved ones outside who could become sick. Kolbeck Law Office will continue to work with the court to dispose of your case as quickly as possible. Currently, jail visits are limited with more communication occurring over teleconference and in-person visits are short in duration.

Your Right To A Speedy Trial

Speedy trial rules are currently suspended, which means your case may not reach the court within the required 180 days. Kolbeck Law Office understands that this is particularly impactful for people who are in custody because it limits the availability of jury trials.  Jury trials are not possible due to city ordinances.  Defendants will still be credited for the time they serve before trial if they are convicted of a crime.

This is a fluid situation, and this approach may be subject to change. People who are currently facing charges should remain in touch with their defense attorney to receive the latest updates about the status of their case.

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