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SD Supreme Court: Indigent Defendants Must Get Credit For Time Served When Sentenced

Photo courtesy of Timothy Barnaud

The South Dakota Supreme Court has ruled that defendants who can't afford to make bail have to be given credit for the time they sit in jail before they're found guilty. That means pre-sentence incarceration must be deducted from the total time they're sentenced to spend in jail or prison. The attorney whose argument prevailed tells SDPB's Victoria Wicks that the ruling is a matter of fairness.

Rapid City freelancer Victoria L. Wicks has been producing news for SDPB since August 2007. She Retired from this position in March 2023.