My question involves criminal law for the state of: South Dakota
Good Day!
A minor was charged with “Possession of stolen property - 1st degree”. Shortly after, the adult who actually committed the crime came forward and took sole responsibility. The State’s Attorney elected NOT to charge the adult, and left it on the minor. As part of a plea bargain, the charge was ultimately dropped. Now, eight months later the SA has decided to go ahead and charge the adult with the exact same crime?!!
Very simply, how is it the state can legally do that?!??! Obviously they’d planned on using it as a ‘bargaining chip’ in the minor’s case, knowing all along that they were most likely not going to pursue it due to a total lack of evidence, (not to mention the fact that they already KNEW the individual wasn’t guilty!!!), and would eventually turn around and charge the person who had confessed in the first place!!?! Someone please tell me that our legal system is not that screwed up…?!? I'm not saying the adult shouldn't face the consequences, but how is it that the state has the 'latitude' to. . .well, basically use the same charge twice??!
I would sincerely appreciate any assistance with understanding the 'legalities' of this matter! Thank you in advance!!!

