Griese Law Firm, P.C.Griese Law Firm, P.C.2026-06-11T03:56:10Zhttps://www.grieselawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1104243/2025/02/cropped-GRIESE_LAW_Site_icon-32x32.pngOn Behalf of Griese Law Firm, P.C.<![CDATA[Need a fresh start? What Is a Suspended Imposition of Sentence (SIS) in South Dakota?]]>https://www.grieselawfirm.com/?p=480562026-01-07T05:45:47Z2026-01-07T05:45:47ZWhat Judges consider when they grant a SIS
A SIS is most commonly requested in misdemeanor cases and lower-level felonies, particularly for first-time or low-risk offenders. South Dakota law gives judges broad discretion to suspend the imposition of sentence and place a defendant on conditions the Court finds appropriate. SDCL 23A-27-12. Courts often consider factors such as criminal history, the nature of the offense, acceptance of responsibility, the likelihood of rehabilitation, and adverse affects the conviction will have on the offender's life.
What Judges want to see prior to considering a SIS
Most Judges will want to see support for the request prior to requesting it. For example, in a DUI case the Judge will want to see treatment completed first. In assault cases, the Judge may require anger management or counseling to be completed prior to requesting the SIS. This is good to discuss with an attorney what the Court may want to see prior to considering the SIS.
When can you ask for a SIS
Timing matters! A SIS must be requested before sentencing, because once a conviction and sentence are formally imposed, an SIS is no longer available. The authority to suspend imposition exists only at the time of sentencing. See SDCL 23A-27-13. This is why early advocacy before sentencing can be critical in positioning a case for a SIS.
However, a Court may deny the suspended imposition initially and want to see you “do the work” or have some time on conditions before they will grant it. You have two years from the date of the sentence to come back to the Court and request them to modify the sentence and change it from a conviction to a SIS. See SDCL 23A-31-1. This may happen if your case is more aggravated or serious in nature. Ultimately, you just want it granted in the long run to keep the conviction off your record so getting it later is better than never getting it.
How many SIS can I request?
In South Dakota, a person is generally allowed only one Suspended Imposition of Sentence for a misdemeanor and one for a felony during their lifetime in adult criminal court. SDCL 23A-27-14. There are narrow statutory exceptions, but as a general rule, an SIS is a one-time opportunity for each misdemeanor and felony offenses. Because of this limitation, requesting an SIS requires careful strategy and should not be treated as routine. If there are multiple crimes occurring from one incident, that is another exception to the rule, and discuss this with your attorney to see if your case meets the exception.
Pros and Cons of SIS
While a SIS can be an excellent outcome, it is not without risk. If the conditions you are placed on are violated, the Court may revoke the SIS and impose any sentence that could have originally been imposed for the offense. SDCL 23A-27-18. Usually the Court will sentence you more harshly the second time because you had the opportunity to succeed and you took it for granted. Whether a SIS is the right option depends on the charge, the individual’s circumstances, and long-term consequences. This is a serious conversation to go through the pros and cons with an attorney and an experienced criminal defense attorney can help determine whether seeking an SIS is the best path forward. The attorney can also help best represent you and your case to get it granted.
The team at Griese Law is well experienced with getting clients granted suspended impositions of sentence, reach out today 605-271-0115 if you have questions or need help with your case.]]>