Grant County Jail Inmate Bail & Bonds
Grant County bail help for families
Grant County borders Minnesota near Big Stone Lake. People arrested in Milbank, Big Stone City, and Revillo are usually taken to the Grant County Jail. Inmate search: Grant County Inmate Search.
How do I find someone in the Grant County jail?
Check the Grant County Inmate Search first.
Adults are booked at the Grant County Jail, 222 E. 5th Avenue, Milbank, SD 57252 (605-432-5853).
On the phone:
- Share the person's legal name.
- Add a birth date, if known.
- Ask if bond has been set.
Staff may not discuss the charges.
Where is the courthouse in Grant County?
The Clerk of Court is at 210 E 5th Avenue, Milbank, SD 57252 (605-432-5482).
The clerk of court takes bond deposits (SDCL §23A-43-3(4)).
Ask which payment forms they accept.
What does Grant County magistrate court handle?
The 3rd Judicial Circuit runs magistrate court here (SDCL §16-12B-11). It tries misdemeanors and ordinance cases (SDCL §16-12B-11). A felony moves on to the circuit court (SDCL §23A-4-3).
See the UJS court finder for contacts.
Who decides bond in Grant County?
Officers bring arrested people to the nearest committing magistrate without unnecessary delay (SDCL §23A-4-1). On a warrant, the judge often writes the bail amount on it (SDCL §23A-2-4). Magistrate judges may set bond too (SDCL §16-12B-7). For listed charges, a clerk magistrate uses the bond schedule (SDCL §16-12C-10).
Does Grant County use personal recognizance bonds?
Yes. State law favors personal recognizance first (SDCL §23A-43-2). The court may also use an unsecured appearance bond (SDCL §23A-43-2). Extra terms are allowed when appearance is doubtful (SDCL §23A-43-2). A risk to the public can also justify more (SDCL §23A-43-2).
What kinds of bond are used in Grant County?
Common types include:
- Personal recognizance: A signed promise to appear (SDCL §23A-43-2).
- 10% deposit bond: Up to 10%, paid to the clerk (SDCL §23A-43-3(4)).
- Surety bond: A licensed bondsman backs the full amount (SDCL §23A-43-3(5)).
- Cash bond: Cash replaces a surety (SDCL §23A-43-3(5)).
Each surety signs an affidavit about assets (SDCL §23A-43-20).
What factors shape bond in Grant County?
The judge looks at the charge and the evidence (SDCL §23A-43-4). Jobs and family ties count (SDCL §23A-43-4). So do money, character, and time living here (SDCL §23A-43-4). The criminal record and past court dates weigh in (SDCL §23A-43-4).
The setting is informal; evidence rules are relaxed (SDCL §23A-43-12).
When might a Grant County judge refuse bond?
Only in rare cases. Most people have a right to bail (S.D. Const. art. VI, §8). The exception is a capital offense with strong proof (S.D. Const. art. VI, §8). In that case, detention is possible (SDCL §23A-43-2.1).
Being out on a personal bond already can mean tighter terms (SDCL §23A-43-2).
Does Grant County use a bail schedule?
The state court system sets a fine and bond schedule (SDCL §16-2-21). It guides clerk magistrates (SDCL §16-12C-10).
The FY2027 version took effect July 1, 2026.
- Murder and kidnapping must go to a judge.
- Most felonies run $1,000 to $10,000.
- A first or second DUI lists $225 to $1,000.
- City ordinance cases are usually personal recognizance.
Judges may depart from these numbers.
Can I use a bail bondsman in Grant County?
Bondsmen are allowed with a state license (SDCL §58-22-4). They must register with the sheriff at home (SDCL §58-22-25). Only the premium may be charged (SDCL §58-22-30). Collateral must be reasonable and returned later (SDCL §58-22-30).
A few more rules:
- Ask for a collateral receipt (SDCL §58-22-31).
- Officers and jailers may not write bonds (SDCL §58-22-3).
- Pitching bonds inside a jail is illegal (SDCL §58-22-32).
The state licenses bondsmen (SD Division of Insurance).
Can a Grant County judge limit travel on bond?
The judge can limit travel, contacts, or residence (SDCL §23A-43-3(2)). Someone may be placed in another adult's custody (SDCL §23A-43-3(1)). Some people get a mental health assessment (SDCL §23A-43-3(3)). The court may require return to jail after set hours (SDCL §23A-43-3(6)).
Every term appears in a written order (SDCL §23A-43-6). A violation can lead to arrest (SDCL §23A-43-6). Terms can be changed later (SDCL §23A-43-7).
What happens on a Grant County DUI bond?
Judges can make 24/7 sobriety a term (SDCL §1-11-20). Testing is often twice a day at the sheriff's office (SDCL §1-11-19). The person pays program fees (SDCL §1-11-25).
It shows up most in DUI charges (SDCL §32-23-1).
What if the Grant County charge is domestic abuse?
Police cannot release the person without a judge (SDCL §25-10-40). Bond is set by a judge, not the schedule (SDCL §25-10-40). A no-contact order is likely (SDCL §25-10-41). Terms may include moving out or no alcohol (SDCL §25-10-41).
Reaching out to the victim before court is barred (SDCL §25-10-43). Violating that term is a separate misdemeanor (SDCL §25-10-23).
When is the first court appearance in Grant County?
The law demands court without unnecessary delay (SDCL §23A-4-1). It may be in person or by video (SDCL §23A-4-1). After a warrantless arrest, a probable cause review is due within 48 hours (County of Riverside v. McLaughlin, 500 U.S. 44 (1991)).
A jailed felony defendant has a preliminary hearing within 15 days (SDCL §23A-4-3). The person hears about free counsel if needed (SDCL §23A-4-3).
Who reviews a Grant County bond decision?
If the person is still held a day later, request review (SDCL §23A-43-8). Keeping the bond requires written reasons (SDCL §23A-43-8). Review by a different judge is possible (SDCL §23A-43-10).
A motion can go to the Grant County circuit court (SDCL §23A-43-14). An appeal to the state Supreme Court follows (SDCL §23A-43-15).
What if someone misses court in Grant County?
Expect a warrant and forfeiture (SDCL §23A-43-21). For felony charges, it is a Class 6 felony (SDCL §23A-43-31). On a misdemeanor, it is a Class 1 misdemeanor (SDCL §23A-43-31).
Call the Clerk of Court office right away if a date was missed.
Will a Grant County bond be forfeited?
After a no-show, the court may forfeit the bond (SDCL §23A-43-21). It may be set aside if justice allows (SDCL §23A-43-22). Part may be remitted after judgment (SDCL §23A-43-24). Sureties may return the person to custody (SDCL §23A-43-29).
When is a Grant County cash bond refunded?
The deposit is returned after the case (SDCL §23A-43-3(4)). Sureties are released when the case ends (SDCL §23A-43-26). Money lost to forfeiture goes to the county (SDCL §23A-43-25). A bondsman's premium is not refunded.
Ask the Grant County Clerk of Court how refunds are paid.
What if a teen is arrested in Grant County?
Minors are handled in juvenile court (SDCL §26-7A-14). Holding a child past 48 hours requires a court order (SDCL §26-7A-14). For status offenses, the limit is 24 hours (SDCL §26-7A-14). Weekends and holidays are not counted (SDCL §26-7A-14).
How are federal arrests in Grant County handled?
Grant County is in the Northern Division (28 U.S.C. §122). A U.S. magistrate judge decides release (18 U.S.C. §3142).
Reach the clerk's office at 225 S. Pierre Street, Pierre, SD 57501 (605-945-4600).
How do tribal courts affect Grant County cases?
Parts of Grant County are Lake Traverse Reservation land. Tribal members may face tribal court instead (18 U.S.C. §1151). Major crimes may be federal cases (18 U.S.C. §1153).
Tribal courts use their own release rules, so contact the Sisseton-Wahpeton Oyate court.
What should I confirm with Grant County offices first?
Office hours and payment rules can change.
Call before you go.
- Carry photo ID.
- Bring the booking or case number.
- Ask which payment forms are taken.
This is general help, not legal advice.
Grant County bail contacts
- Jail
- Grant County Jail, 222 E. 5th Avenue, Milbank, SD 57252, 605-432-5853
- Clerk of Court
- 210 E 5th Avenue, Milbank, SD 57252, 605-432-5482
- Judicial circuit
- 3rd Judicial Circuit
- Federal court
- U.S. District Court, Northern Division; clerk at 225 S. Pierre Street, Pierre, SD 57501, 605-945-4600
- Bondsman licenses
- SD Division of Insurance
- Inmate search
- Grant County Inmate Search
Judges set release terms case by case. Nothing here is legal advice.
Grant County Jail
Address:
222 East 5th Avenue
Milbank, SD 57252-2433
Phone:
605-432-5853
Frequently Asked Questions about Bail and Bonds in Grant County
What kind of bonds are accepted in Grant County?
Who can set bail in Grant County?
When is bail set in Grant County South Dakota?
Does Grant County have bail?
Yes, Grant County recognizes most types of bonds.
In South Dakota, it is up to the defendant to bear the burden of proof as to why they will not, or do not have the ability to flee prosecution.
Bail is usually established in cases where a felony or Class I misdemeanor has occurred.
People arrested on Class II misdemeanors are usually released on recognizance meaning that if the court decides that there is a good chance that the arrested will show up for trial and not flee, they are released on their own promise, or recognizance without having to pay bail.
What kind of bonds are accepted in Grant County?
In Grant County, once bail is set a defendant must pay the required amount of bail set by the court to be released from temporary holding (typically the county jail). If the person cannot afford the amount of bail required by the court, they must seek a bond from a licensed bondsperson to cover the amount. The bondsperson will charge 10% and can offer a surety or property bond.
Who can set bail in Grant County?
The magistrate judge is given the ability to consider various factors in determining bail. Judges in South Dakota rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
Typically, some of the biggest factors considered are the nature of the offense, the amount of credible evidence against the defendant, the defendant’s criminal history, their location, their income, and their ability to afford to attempt to escape prosecution.
The South Dakota Courts can set conditions for the release of a defendant on bail. These conditions can include many factors such as not leaving a certain area, not consuming drugs or alcohol, not hanging out with certain people, and receiving mental health counseling. If these conditions are not met the person will be taken back into custody.
When is bail set in Grant County South Dakota?
Bail for minor, non-violent offense are set via a phone call with the on duty judge between 8:00 am – 9:00 pm.
If the arrest occurs after 9:00 pm you will need to wait until 8:00 am the next day.
More serious offenses require a hearing in front of a judge, which will be scheduled according to the court calendar. This will generally occur the next day, not including weekends or holidays.
What is Bail?
Bail is what the arrested in Grant County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Grant County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person detained in a jail or prison until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
In South Dakota, once bail is set a defendant must pay the required amount of bail set by the court to be released from temporary holding (typically the county jail). If the person cannot afford the amount of bail required by the court, they must seek a bond from a licensed bondsperson to cover the amount.
Before rushing into contacting a bond company, consider the following:
Payments to a bond company are not refundable. It is a long process to get back property title to secure the bond back. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Grant County?
In South Dakota, if you do not have cash to pay for bail, a bondsperson can be used. (There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
There might be several options available through a bond company, one is a surety bond, and another option is a property bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in the same state as the courts, and it must be worth at least 2 times the amount of the bond.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Does Grant County have bail?
Yes, Grant County recognizes most types of bonds.
In South Dakota, it is up to the defendant to bear the burden of proof as to why they will not, or do not have the ability to flee prosecution.
Bail is usually established in cases where a felony or Class I misdemeanor has occurred.
People arrested on Class II misdemeanors are usually released on recognizance meaning that if the court decides that there is a good chance that the arrested will show up for trial and not flee, they are released on their own promise, or recognizance without having to pay bail.
What kind of bonds are accepted in Grant County?
In Grant County, once bail is set a defendant must pay the required amount of bail set by the court to be released from temporary holding (typically the county jail). If the person cannot afford the amount of bail required by the court, they must seek a bond from a licensed bondsperson to cover the amount. The bondsperson will charge 10% and can offer a surety or property bond.
Who can set bail in Grant County?
The magistrate judge is given the ability to consider various factors in determining bail. Judges in South Dakota rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
Typically, some of the biggest factors considered are the nature of the offense, the amount of credible evidence against the defendant, the defendant’s criminal history, their location, their income, and their ability to afford to attempt to escape prosecution.
The South Dakota Courts can set conditions for the release of a defendant on bail. These conditions can include many factors such as not leaving a certain area, not consuming drugs or alcohol, not hanging out with certain people, and receiving mental health counseling. If these conditions are not met the person will be taken back into custody.
When is bail set in South Dakota?
Bail for minor, non-violent offense are set via a phone call with the on duty judge between 8:00 am – 9:00 pm.
If the arrest occurs after 9:00 pm you will need to wait until 8:00 am the next day.
More serious offenses require a hearing in front of a judge, which will be scheduled according to the court calendar. This will generally occur the next day, not including weekends or holidays.
Can I get the bail or bond reduced in Grant County South Dakota?
Yes, your attorney can also request a bond reduction.
In Grant County South Dakota, who can pay bail for me?
The person posting bail could be the defendant, a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of South Dakota could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Grant County South Dakota?
South Dakota counties do not currently process online payments for bail.
Contact the jail for specific information on how to pay bail. Go to the Grant County Jail for more information about the jails in Grant County.
What options are there to pay bail in Grant County South Dakota?
Most South Dakota courts only accept cash or surety issued by bail bond agent. Contact the jail for specific information on what methods of payment are accepted. Go to the Grant County Jail for more information about posting bail in Grant County.
Will I get all my bond money back in South Dakota?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in Grant County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in South Dakota?
The Grant County Jail or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.