Brown County Juvenile Detention Center Criminal Court Process

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Criminal Court Process for Brown County South Dakota

South Dakota criminal court

Brown County Criminal Court Guide

The Fifth Judicial Circuit's circuit and magistrate courts decide local criminal charges, and both run through one Clerk of Courts office at 101 SE 1st Avenue, Aberdeen, SD 57402. While a case is open, people held here stay at the Brown County Jail, 22 Court Street, Suite 1, Aberdeen, SD 57401. Read on to follow a case step by step and to find where court dates are listed.

Is your family member being held today? Search the official inmate lookup by surname or case number. Custody questions are the focus of our Recent Arrests page: who is held, the booking charges, outstanding warrants, mugshots, public defenders and reclaiming personal property.

Call the Clerk of Courts at 605-626-2451 between 8:00 a.m. and 5:00 p.m. on weekdays. Spell the person's name and jot down three things: the case number, the charges and when court meets next. If they are still behind bars, see our bail and bond page for how release works.

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1. Magistrate court or circuit court: who hears what?

South Dakota has one court system for the whole state, the Unified Judicial System, split into seven circuits. This county belongs to the Fifth Circuit, along with nine nearby counties.

  • Magistrate court tries misdemeanors and city ordinance cases (SDCL 16-12B-11). Its judges also sign warrants, fix bond and run first appearances (SDCL 16-12B-5, 16-12B-7, 16-12B-10). It can take a plea for any crime that carries up to $2,000 or one year in jail (SDCL 16-12B-8).
  • Circuit court hears felonies after the early steps, along with juvenile cases and requests to change a magistrate's release terms.

So a first DUI usually stays in magistrate court from start to end. A felony begins there, then moves up. Both courts run through the same Clerk of Courts office.

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2. Where is the courthouse for Brown County cases?

State charges are filed through the Clerk of Courts, 101 SE 1st Avenue, Aberdeen, SD 57402, 605-626-2451. The office is open 8:00 a.m. to 5:00 p.m., Monday through Friday. Mail goes to PO Box 1087, Aberdeen, SD 57402-1087.

  • Court Services (probation officers and pre-sentence reports): 101 First Avenue SE, Suite 101, Aberdeen, SD 57402, 605-626-2275.
  • Drug & DUI Court: 101 1st Ave SE, Aberdeen, SD 57401. For its schedule, ask the Clerk.
  • Federal court: 102 Fourth Avenue SE, Aberdeen, SD 57401. The building also houses U.S. Probation and Pretrial Services, 605-377-2625.

Public computer terminals at South Dakota courthouses let visitors see and print what a PARS summary lists. Ask the Clerk's staff where to find one.

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3. Do Aberdeen and Groton have city courts?

City ordinance tickets from Aberdeen, Groton or any other town are heard by the county's magistrate court (SDCL 16-12B-11). That court is reached through the Clerk of Courts, 101 SE 1st Avenue, Aberdeen, SD 57402, 605-626-2451.

The same clerk takes payment for city fines. Many tickets can also be paid by card through UJS ePayments, with a $25 minimum unless less is owed. A brand-new case may need up to 14 days to appear online. If a fine is too big to pay at once, the court can grant extra time, and the Clerk's office sets up an installment plan.

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4. What gets explained at the first appearance in court?

After an arrest, South Dakota law calls for a trip to the nearest available magistrate "without unnecessary delay" (SDCL 23A-4-1). Some first hearings use a video hookup to the jail. Pleading comes later. At this point the judge goes over these points (SDCL 23A-4-3):

  1. What the charge is.
  2. That the person may hire an attorney or request one paid for by the county.
  3. Release terms, such as a promise to return or a cash bond.
  4. The right not to make any statement.
  5. In felony cases, the chance to have a judge test the evidence at a preliminary hearing.

Call the Clerk at 605-626-2451 to learn when the hearing is set.

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5. From ticket to sentence: how do DUI and misdemeanor cases go?

Misdemeanors stay in magistrate court the whole way. After the first appearance comes the plea. A denial leads to a trial date, sometimes months off. An admission can lead to a sentence that same day.

  • Class 1: the most serious misdemeanor. The limit is a year in the county jail, a $2,000 fine, or both (SDCL 22-6-2). Most first and second DUI charges land here.
  • Class 2: as much as 30 days behind bars locally, a $500 fine, or both.
  • Petty offense: a $25 judgment with no court costs.

Judges often add the 24/7 Sobriety Program to DUI cases. When a misdemeanor goes to a jury, the prosecutor and the defense each get three strikes to remove jurors (SDCL 23A-20-20).

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6. What are the steps in a Brown County felony case?

  1. First appearance, held in magistrate court. Bond terms are decided here.
  2. Preliminary hearing. Here the judge asks whether the proof justifies a trial. If the accused is jailed, the deadline is 15 days after the first appearance; if released, 45 days. The defense may waive it (SDCL 23A-4-3).
  3. Information or indictment. In most cases the charge comes in a document from the State's Attorney known as an information. Only a circuit judge can call a grand jury, which has six to ten members (SDCL 23A-5-1). An indictment skips the preliminary hearing.
  4. Plea in circuit court. The person answers the felony charge before a circuit judge.
  5. Trial or plea deal. Trial must begin within 180 days, counted from the first appearance. Any delay the defense asks for is left out of the count (SDCL 23A-44-5.1).
  6. Sentencing. Ahead of that day, a Court Services officer gives the judge a written background study.

Class 6 felonies carry up to two years and $4,000. Class 5 carry up to five years and $10,000. Both usually get probation (SDCL 22-6-11). Instead of prison, the judge can also order as much as one year in the county jail (SDCL 22-6-1.1).

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7. Do violent crimes follow different rules?

Yes, in several ways. Bond on the three gravest charges (murder, kidnapping and first-degree manslaughter) is beyond a clerk's power, so those cases go straight to a judge. Domestic assault arrests also go before a judge prior to release, and the accused must stay away from the alleged victim's household until court (SDCL 25-10-40, 25-10-43).

Penalties climb fast (SDCL 22-6-1):

  • Class 4: up to 10 years. Class 3: up to 15 years. Class 2: up to 25 years.
  • Class 1: up to 50 years.
  • Class C and Class B: life in prison. Class A: death or life.

Jury selection changes too. In Class A, B, C or Class 1 felony trials, the two sides may each excuse 20 people from the jury panel, and 10 in other felony trials (SDCL 23A-20-20).

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8. How does the Brown County Drug and DUI Court work?

This treatment court serves people whose crimes are tied to a substance use or mental health disorder. It works as a team: the judge, treatment providers, probation officers, the prosecutor, the defense lawyer and police.

It meets at 101 1st Ave SE, Aberdeen, SD 57401. The county's drug court fact sheet explains who may apply. Entry needs a referral, so ask the defense lawyer. The state Division of Treatment Courts, 306 E Capitol Avenue, Suite 310, Pierre, SD 57501, 605-773-4161, can answer general questions.

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9. Who prosecutes, and how is a defense lawyer assigned?

Prosecutor: the State's Attorney's Office, 22 Court Street, Suite 2, Aberdeen, SD 57401, 605-626-7130, open weekdays 8:00 a.m. to 5:00 p.m. It files charges, makes plea offers and runs juvenile diversion.

Defense: anyone lacking the money, credit or property to retain counsel may request an appointed one (SDCL 23A-40-6). This county relies on court-appointed lawyers, paid by the county (SDCL 23A-40-8). Later, the judge may order the person to repay that cost, even after an acquittal (SDCL 23A-40-10). The county can also file a lien on the person's property, but a homestead is safe from foreclosure (SDCL 23A-40-15).

Small charges are an exception. A person who is free, faces no jail and is charged only with something like a Class 2 misdemeanor gets no appointed lawyer (SDCL 23A-40-6.1). Ask the Clerk at 605-626-2451 for the request form.

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10. Which free tools show court dates and case files?

  • Find a Court Date is a no-cost search. Search a name or case number for future hearings. It can also print a county calendar for any day from today through the next nine business days.
  • UJS eCourts shows docket entries in public cases.
  • The PARS record search gives a summary of criminal cases from 1989 on. It costs $20 per search, even with no match.
  • The official inmate lookup also accepts a court case number.

For full files or cases from before 1989, call the Clerk of Courts at 605-626-2451.

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11. Could there be a Brown County warrant, and how do you clear it?

In the county, the Sheriff's deputies serve warrants; inside city limits, Aberdeen officers do. Call the Sheriff's Office, 22 Court Street, Suite 1, Aberdeen, SD 57401, 605-626-7100, or the city's police records desk at 605-626-7059. The court's UJS ePayments site will show if a case carries an active warrant, and Find a Court Date lists hearings by name. Talk to a defense attorney before taking any step. After that, surrender at the jail or report to the issuing court, or phone the Clerk of Courts, 101 SE 1st Avenue, Aberdeen, SD 57402, 605-626-2451, to request a new date.

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12. How do federal prosecutions here work?

A federal case against someone from this county belongs to the Northern Division of the U.S. District Court for the District of South Dakota. Its courthouse is 102 Fourth Avenue SE, Aberdeen, SD 57401.

  • A federal judge sorts out detention at the opening hearing. Either side may ask for a short postponement: up to five days for the defendant, three for the government. The defendant is kept in custody during that time (18 U.S.C. 3142).
  • Custody before a federal trial is handled by the U.S. Marshals, from an office at 102 Southeast 4th Avenue, Suite 409, Aberdeen, SD 57401-4361, 605-226-1794.
  • After sentencing, use the Federal Bureau of Prisons inmate locator.
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13. Can an ICE hold slow down release in a state case?

Yes. The charges keep moving through court, but walking out can be delayed. Here is how a detainer works:

  1. The process begins when the jail gets an ICE request on Form I-247A.
  2. With it in hand, jail staff may keep the person up to 48 hours after they would otherwise be released, giving ICE time to arrive (8 CFR 287.7(d)).
  3. For this state, ICE's St. Paul Field Office is in charge: 1 Federal Drive, Suite 1601, Fort Snelling, MN 55111, 612-843-8600.
  4. Track the person through the ICE Online Detainee Locator.

A defense lawyer should learn of any detainer quickly. A 2025 law, SB 7 (SL 2025, ch 100), cancels any county or city policy that keeps local staff from working with federal officials on immigration status.

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14. Where would a felony prison term from Brown County be served?

Misdemeanor jail time stays local, in a county jail. Felony prison sentences are handed to the South Dakota Department of Corrections, which decides on the prison. Probation is supervised by Court Services, while parole belongs to the Department of Corrections.

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15. What happens when a teen is charged in Brown County?

Juvenile cases are heard in circuit court. When a teen must be held, the Sheriff's Office places them in its Juvenile Detention Center, 22 SE Court St., Aberdeen, SD 57401, 605-626-7102. It holds youth ages 10 to 17, and a contracted teacher holds class there.

  • The State's Attorney offers juvenile diversion. Finishing it gets the charges dismissed.
  • A judge may order home detention instead of a cell.
  • Only a judge's order after a transfer hearing can send the case to adult court (SDCL 26-11-4).
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16. What does Marsy's Law give crime victims here?

Marsy's Law is part of the state constitution (S.D. Const. art. VI, § 29). A victim who asks will be notified of court dates. They may speak up when the court decides on release, accepts a plea or hands down a sentence. Full, timely restitution is a right as well.

The State's Attorney's Victim Assistance staff, 22 Court St Suite 2, Aberdeen, SD 57401, 605-626-7130, share court dates, explain charges and help with compensation and restitution forms. For free release alerts, sign up with SAVIN or call 844-299-4608. Protection order help is on the court's protection orders page.

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Courts

CIRCUIT COURT LAW CLERK
101 1ST AVE SE
ABERDEEN SD, 57401
605-626-2943
STATE OF SD CIRCUIT COURT
101 1ST AVE SE
ABERDEEN SD, 57401
605-626-2451
ABERDEEN MAGISTRATE COURT
101 1ST AVE SE
ABERDEEN SD, 57401
605-626-2451
CIRCUIT COURT CIRCUS SPORTS
14 3RD AVE SW
ABERDEEN SD, 57401
605-229-1936

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