Marshall County Jail Inmate Bail & Bonds

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South Dakota • Marshall County • Bail & bond help

Bail and bond basics for Marshall County

Marshall County borders North Dakota in the northeast. Marshall County has no jail, so most people are held at the Day County Detention Center. Inmate search: Marshall County Inmate Search.

Where are people from Marshall County jailed?

The quickest check is the Marshall County Inmate Search.

There is no county jail here. The usual choice is the Day County Detention Center, 710 W. 2nd Street, Webster, SD 57274 (605-345-3222).

Some go to the Roberts County jail instead.

Bond is often posted where the person is held.

Local questions can go to the Marshall County Sheriff's Office, 911 Vander Horck Avenue, Britton.

Tips for the call:

  • Share the person's legal name.
  • Give their date of birth.
  • Ask whether bond is set.

Charge details may not be shared.

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Where is the courthouse in Marshall County?

The Clerk of Court is at 911 Vander Horck, Britton, SD 57430 (605-448-5213).

Bond deposits are made with the clerk (SDCL §23A-43-3(4)).

Ask which payment forms they accept.

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What does Marshall County magistrate court handle?

The 5th 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 5th Circuit court (SDCL §23A-4-3).

See the UJS court finder for contacts.

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Who decides bond in Marshall County?

An officer takes the arrested person before a 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). A magistrate judge can set bond or release on a promise (SDCL §16-12B-7). A clerk magistrate can set it from the bond schedule (SDCL §16-12C-10).

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Does Marshall County use personal recognizance bonds?

Yes. State law favors personal recognizance first (SDCL §23A-43-2). An unsecured bond is another option (SDCL §23A-43-2). More can be required if the person may not return (SDCL §23A-43-2). The same goes for danger to others (SDCL §23A-43-2).

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Which bond types might a Marshall County judge set?

Common types include:

Sureties must swear to their net worth (SDCL §23A-43-20).

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How does a Marshall County judge decide on bond?

First come the charge and its evidence (SDCL §23A-43-4). Family ties and work matter (SDCL §23A-43-4). So do money, character, and time living here (SDCL §23A-43-4). Past missed court dates and convictions count (SDCL §23A-43-4).

Formal rules of evidence do not apply here (SDCL §23A-43-12).

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Is anyone held without bond in Marshall County?

Very seldom. The state constitution guarantees bail for most (S.D. Const. art. VI, §8). The exception is a capital offense with strong proof (S.D. Const. art. VI, §8). For those, a judge may order detention (SDCL §23A-43-2.1).

Being out on a personal bond already can mean tighter terms (SDCL §23A-43-2).

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Does Marshall County use a bail schedule?

The state court system sets a fine and bond schedule (SDCL §16-2-21). Clerk magistrates use it for listed offenses (SDCL §16-12C-10).

The FY2027 version took effect July 1, 2026.

  • For murder or kidnapping, a judge sets bond.
  • Most felonies run $1,000 to $10,000.
  • First or second DUI: $225 to $1,000.
  • City ordinance cases are usually personal recognizance.

Judges may depart from these numbers.

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Are bail bondsmen allowed in Marshall County?

Bondsmen are allowed with a state license (SDCL §58-22-4). They must register with the sheriff at home (SDCL §58-22-25). They may take nothing beyond the premium (SDCL §58-22-30). Any collateral comes back when liability ends (SDCL §58-22-30).

Other rules to know:

You can check a license (SD Division of Insurance).

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What conditions might a Marshall County judge add?

The judge can limit travel, contacts, or residence (SDCL §23A-43-3(2)). Release to a responsible person is possible (SDCL §23A-43-3(1)). A mental health assessment can be ordered (SDCL §23A-43-3(3)). A nighttime return to custody is allowed (SDCL §23A-43-3(6)).

A written order lists each term (SDCL §23A-43-6). Breaking a term can bring a warrant (SDCL §23A-43-6). Terms can be changed later (SDCL §23A-43-7).

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Will a Marshall County judge order 24/7 testing?

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). Participants cover daily fees (SDCL §1-11-25).

This is common in DUI cases (SDCL §32-23-1).

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What if the Marshall County charge is domestic abuse?

Release requires notice to a judge first (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). The judge may order leaving the home or counseling (SDCL §25-10-41).

Reaching out to the victim before court is barred (SDCL §25-10-43). Breaking a no-contact term is a Class 1 misdemeanor (SDCL §25-10-23).

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How long can Marshall County hold someone before court?

The first appearance must come without unnecessary delay (SDCL §23A-4-1). It may be in person or by video (SDCL §23A-4-1). For a warrantless arrest, a judge should check probable cause within 48 hours (County of Riverside v. McLaughlin, 500 U.S. 44 (1991)).

Felony defendants held in jail get a preliminary hearing within 15 days (SDCL §23A-4-3). The person hears about free counsel if needed (SDCL §23A-4-3).

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Can a Marshall County bond be lowered?

If the person is still held a day later, request review (SDCL §23A-43-8). The judge must give written reasons to keep it (SDCL §23A-43-8). Another judge may also review it (SDCL §23A-43-10).

A motion can go to the circuit court (SDCL §23A-43-14). After that, an appeal is possible (SDCL §23A-43-15).

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Is missing court in Marshall County a crime?

The court can issue a warrant right away (SDCL §23A-43-21). On a felony, missing court is a Class 6 felony (SDCL §23A-43-31). On a misdemeanor, it is a Class 1 misdemeanor (SDCL §23A-43-31).

Missed a date? Contact the Clerk of Court office quickly.

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Will a Marshall County bond be forfeited?

A breach lets the court declare forfeiture (SDCL §23A-43-21). The judge can set it aside later (SDCL §23A-43-22). Remission of some money is possible (SDCL §23A-43-24). A surety can arrest and surrender the person (SDCL §23A-43-29).

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When is a Marshall County cash bond refunded?

A 10% deposit comes back when terms are met (SDCL §23A-43-3(4)). The bond is exonerated once duties end (SDCL §23A-43-26). Forfeited cash goes to the county treasury (SDCL §23A-43-25). A bondsman's premium is not refunded.

The Marshall County Clerk of Court can explain the refund steps.

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Do minors get bond in Marshall County?

Youth cases go to juvenile court, not adult bond court (SDCL §26-7A-14). Custody is limited to 48 hours without a court order (SDCL §26-7A-14). Truancy-type cases have a 24-hour cap (SDCL §26-7A-14). That count skips weekends (SDCL §26-7A-14).

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Where do Marshall County federal cases go?

Marshall County is in the Northern Division (28 U.S.C. §122). A U.S. magistrate judge decides release (18 U.S.C. §3142).

The clerk's office is at 225 S. Pierre Street, Pierre, SD 57501 (605-945-4600).

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What if a Marshall County arrest happens on tribal land?

Marshall County includes Lake Traverse Reservation land. A tribal court may hear charges against members (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.

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Before visiting Marshall County offices, what should I confirm?

Office hours and payment rules can change.

Call before you go.

  • Bring a photo ID.
  • Bring the booking or case number.
  • Ask how payment can be made.

This is general help, not legal advice.

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Marshall County bail contacts

Jail used
Day County Detention Center, 710 W. 2nd Street, Webster, SD 57274, 605-345-3222
Sheriff
Marshall County Sheriff's Office, 911 Vander Horck Avenue, Britton
Clerk of Court
911 Vander Horck, Britton, SD 57430, 605-448-5213
Judicial circuit
5th 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
Marshall County Inmate Search

Judges set release terms case by case. Nothing here is legal advice.

Marshall County Jail

Address:
911 Vander Horck Street
Britton, SD 57430-0009
Phone:
605-448-5181

Frequently Asked Questions

Frequently Asked Questions about Bail and Bonds in Marshall County


Does Marshall County have bail?

What kind of bonds are accepted in Marshall County?

Who can set bail in Marshall County?

When is bail set in Marshall County South Dakota?

 

 

Does Marshall County have bail?

Yes,  Marshall 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 Marshall County?

In Marshall 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 Marshall 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 Marshall 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 Marshall 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 Marshall 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 Marshall 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 Marshall County have bail?  

Yes,  Marshall 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 Marshall County? 

In Marshall 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 Marshall 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 Marshall County South Dakota? 

Yes, your attorney can also request a bond reduction.

In Marshall 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 Marshall 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 Marshall County Jail for more information about the jails in Marshall County.

What options are there to pay bail in Marshall 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 Marshall County Jail for more information about posting bail in Marshall 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 Marshall 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 Marshall 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.

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