Seeking A Second Chance Through Suspended Imposition

Even if you were convicted of a crime, it is still possible to avoid the sentencing that comes with it. You can pursue a special judgment from a court to suspend the sentence from your conviction and use the extra time to prove your rehabilitation to the court.

I am Walter Law Office, and I have been helping the people of South Dakota with their criminal defense needs for more than 30 years. While I often fight to beat criminal charges and avoid a conviction, I can also help you even if you have already been convicted.

The Benefits Of A Suspended Imposition

A suspended imposition of sentence (SIS) in South Dakota criminal law offers several advantages for both the defendant and the justice system. First, the defendant is given a second chance to prove their rehabilitation and become a productive member of society. This can be beneficial for first-time offenders who have made a mistake but are unlikely to re-offend. If the defendant successfully completes the probationary period, then the case is sealed and they will not have a criminal record, which can improve their chances of obtaining employment or housing in the future.

A person may receive only one SIS on one felony and one misdemeanor in their lifetime. The judge ultimately makes the decision on whether to grant the SIS depending on the facts of each case, the defendant’s prior record and the reason for the request. In some cases, like a DWI offense, you may have to get a chemical dependency evaluation and follow the recommendations of that evaluation before the judge will even consider granting the request.

The Risks Of A Suspended Imposition

However, there are also several disadvantages to an SIS. One of the main drawbacks is that it can provide a false sense of security for the defendant, as they may not fully understand the consequences of violating the terms of probation. If the defendant violates probation, then the judge can impose the original sentence, which could result in a longer jail term or higher fines. Judges who used their power of clemency to grant an SIS are generally not happy when someone returns on a violation of probation, and they may take the SIS away and impose a much harsher sentence.

Another drawback of an SIS is that the offense may be used for enhancement purposes if you should receive another similar offense in the future. Driving while intoxicated (DWI) and simple assault cases are examples of situations in which the sealed record can be used to count or enhance the sentence or level of the charge on any DWI you receive within the next 10 years. The third DWI or simple assault conviction in a 10-year period is a Class 6 felony. The sealed offense can be used in counting the number of prior offenses.

Common Questions About Suspended Imposition In South Dakota

People considering an SIS often raise similar concerns before requesting one. The following section addresses several of them:

Who qualifies for an SIS in South Dakota?

SDCL 23A-27-13 limits a felony SIS to defendants with no prior felony conviction whose charge does not carry a potential sentence of death or life imprisonment. SDCL 23A-27-13.3 also prohibits an SIS for certain rape offenses. A misdemeanor SIS falls under a separate statute, SDCL 23A-27-12.2. Meeting these limits does not obligate the court to approve your request because you must consent to the SIS and the judge must find that it serves justice, the public and you.

Will an SIS show up on a background check in South Dakota?

During probation, your case typically remains in the public court record. Under SDCL 23A-27-14, you or your court services officer must bring your completed conditions to the court’s attention before the discharge takes place. Completing every condition leads the court to discharge you from probation and dismiss the case before sealing the related records under SDCL 23A-27-17. Afterward, a standard employer or landlord background check should not reveal the case. The statute also protects you from perjury or false statement charges for not disclosing the sealed matter. However, the Division of Criminal Investigation retains a nonpublic record that can count against you in a future DWI or simple assault case.

Can I get an SIS for a felony charge?

Yes, if you meet the eligibility requirements described above. Keep in mind that South Dakota allows only one felony SIS and one misdemeanor SIS during your lifetime. Any earlier SIS counts toward that limit, including one granted in another state or one that ended in dismissal and sealing. Using your felony SIS now means it will not be available later, so I can help you decide whether this is the right case to use it on.

Can a judge revoke an SIS?

Yes. The judge can revoke your SIS at any point during probation if you violate its terms. Failing a drug test or missing a meeting with your court services officer can trigger revocation, as can a new criminal charge. After revoking the SIS, the judge can sentence you on the original offense without giving you credit for the time you spent on probation. If you are facing a probation violation hearing, we can review the alleged violation and argue for keeping your SIS in place.

Let Me Take A Stand For You

If you have questions about whether you should request an SIS in your case, then seek the advice of a qualified and experienced criminal defense lawyer to explain your rights and options and to give you advice on the best options for you in your case. Call our firm, Walter Law Office, at 605-450-6182 or email us here to schedule your initial consultation today.