How are criminal cases related to consumer fraud prosecuted?

In South Dakota, criminal cases related to consumer fraud are prosecuted through the state’s criminal justice system. This system is designed to hold those who commit fraud accountable for their actions. A criminal case involving consumer fraud begins with an investigation by the South Dakota Attorney General’s office. Once the investigation is complete, the case will usually be assigned to a deputy attorney general who will review the evidence and develop a case to be brought before a judge or jury. If the matter is being prosecuted as a misdemeanor, the case will likely be heard in the South Dakota Unified Judicial System, which is comprised of the state’s circuit courts. If the matter is a felony, the case will be heard in the South Dakota Supreme Court. In either case, the prosecutor must convince the judge or jury that the defendant committed an illegal act and that they did so with the intent to defraud someone. If the case is heard in court, the defendant has the right to a trial by jury or by a judge. During the trial, the prosecutor will present evidence, including testimony from witnesses and experts, to prove that the defendant committed a consumer fraud crime. The burden of proof is on the prosecution, meaning that they must prove the defendant’s guilt beyond a reasonable doubt. If the prosecutor fails to do so, the defendant will be found not guilty. If the defendant is convicted of the consumer fraud crime, they will be subject to criminal penalties, including fines and/or jail time.

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