suspended imposition of sentence south dakota

Vargo spoke generally about a suspended imposition of a sentence for a misdemeanor charge, saying that a person who successfully completes a diversion program can have the case dismissed a year following the completion of the dismissal, then have the case sealed and expunged from their criminal record.Ī court case may be sealed if the court is concerned that case records may lead to excessive pretrial publicity and jeopardize fairness for both the defendant and prosecution. Shannon Marvel, newly ensconced at the Rapid City Journal, offers some legal perspective on sealed cases from Weiss’s boss, Pennington County State’s Attorney Mark Vargo: In other words, it would take a judge’s order. She does say sealing a case is not uncommon in a suspended imposition of sentence and that once sealed, someone would have to petition the courts to unseal it. Alex Weiss is a Deputy State’s Attorney for Pennington County, she tells us because the case is sealed she cannot comment on it. We reached out to the prosecutor in the case. So, it is unclear exactly where he was arrested, why he was arrested, and what time of day it happened.

The Meade County Clerk of Court’s office tells KELOLAND News the case is sealed and it would take a judge’s order to unseal it. KELO-TV’s Tom Hanson went to see for himself if what I reported about our Senate Majority Leader was correct and found nothing but the memory hole:Īccording to a state website, he was released from jail just a week into the 2020 legislative session on January 19th. Senator Cammack has to complete two and a half more months of probation (and drive safely and soberly to the November Special Sessions-between the ditches, Gary!) to fully earn the suspended imposition of sentence that will seal the record of his guilty plea and remove the conviction from his record.īut it appears that, since I obtained and published this court information, someone decided to give Cammack an early Christmas present and seal his record. On June 29, Senate Majority Leader Gary Cammack (R-29/Union Center) pled a 2020 DUI charge down to careless driving and got a fine and six months probation.

Suspended imposition of sentence south dakota