Does case become dismissed?
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answered on Mar 26, 2024
If you haven't waived your right to a speedy trial and it has been over 90 days, the situation may vary based on the laws in your jurisdiction and the specific circumstances of your case. Generally, the right to a speedy trial is protected by law to prevent undue and lengthy pretrial... View More 
This happened in South Dakota I cannot get my files back he took a $6,000 and abandoned me and retired didn't tell me lied to me and I cannot find my files which are in some storage shed somewhere he was an attorney for many many years in Watertown South Dakota and I'm not going to stop... View More
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answered on Mar 17, 2024
In situations like yours, it's crucial to first reach out to the local bar association in South Dakota for guidance and assistance. They can provide you with advice on how to proceed, including whether you can file a complaint against the attorney for professional misconduct. They may also... View More
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answered on Mar 11, 2024
The answer depends on several factors, and a definitive conclusion would require a thorough legal analysis by an intellectual property attorney. However, here are some general considerations:
1. Similarity of the marks: "Mr.Tire" and "Mr Tire and Service" are very... View More
Federal civil lawsuit against a city can their attorney represent a 3rd party person (towtruck owner) in this lawsuit
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answered on Feb 26, 2024
Typically, a city's insurance attorney would represent the interests of the city in legal matters, including civil lawsuits. While it's possible for an attorney to represent multiple parties in certain circumstances, there may be conflicts of interest that prevent them from representing a... View More
I have a felony conviction in Minnesota from 2010, I completed the terms of my sentence in June of 2011. About two years ago I was granted a restoration of my firearm rights by a judge in Minnesota. I currently live in South Dakota and I was wondering if South Dakota will honor the firearm rights... View More
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answered on Feb 24, 2024
Whether your restoration of firearm rights in Minnesota will transfer over to South Dakota depends on the specific laws and reciprocity agreements between the two states. While some states may recognize restoration of firearm rights granted by another state, others may have their own criteria or... View More
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answered on Feb 9, 2024
In South Dakota, it is generally legal to record your own telephone conversations if you are one of the parties involved in the call. South Dakota law follows the federal wiretapping statute, which is a "one-party consent" law. This means that at least one party involved in the... View More
Q: I have been trying to find out information about my identity being stolen and having my life threatened in jail.
I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars... View More
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answered on Jan 31, 2024
Experiencing medical neglect while in custody, especially when it leads to a life-threatening situation like the one you described with your diabetes, can indeed be grounds for taking legal action. The failure of law enforcement officials, including the chief of police, to provide necessary medical... View More
I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars read above 500 when they were below 30. I am under a watchful eye by the local authorities and the people who benefit from... View More
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answered on Jan 30, 2024
The situation you describe raises serious concerns regarding the treatment you received while in custody, and the subsequent impact on your life. It's important to understand that everyone has the right to proper medical care and humane treatment, especially when in the custody of law... View More
My Boyfriend & I were having a disagreement about child support. I seen his hand placed inside his jacket, I asked him to take his hand out & when he did he had his gun in his hand lowering it to his side. Never pointed at me or made reference to it. I told him to put his gun away & he... View More
answered on Jan 17, 2024
This matter is largely out of your hands. The decision as to whether to move forward on a case that has been charged belongs to the prosecutor. You may certainly speak to the prosecutor as you are an essential witness. However, the prosecutor can still make a judgment as to whether or not they... View More
I am a personal representative for my father's estate. my city is suing my brother, the family business and my father's estate regarding a building we are in the process of demoing. Can I appear as the representative or do we need a lawyer to represent the estate?
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answered on Jan 10, 2024
In South Dakota, as in many states, a personal representative of an estate generally cannot represent the estate in legal proceedings unless they are a licensed attorney. This is because appearing in court and advocating on behalf of an estate is considered the practice of law, and non-attorneys... View More
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answered on Dec 28, 2023
In South Dakota, when you file a federal lawsuit, you typically have 90 days to serve the summons and complaint to the defendants. This period allows sufficient time to notify the defendants about the legal action brought against them. Proper service is crucial for the court to proceed with the... View More
Wondering what steps we can take to get our $1000 deposit back. We have given them 3 weeks to return it or to give us reason they would need to keep it. We have received none of that. Is small claims the next step to take? Or are there other options or additional legal recourse we can take.
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answered on Dec 27, 2023
In South Dakota, if it has been three weeks since the end of your lease and your $1000 deposit has not been returned, you may consider pursuing legal recourse. First, document all communication regarding the deposit return, including any requests and the landlord's responses. If you have... View More
Is it legal for them to refuse to give me credit for this "new" material?
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answered on Dec 20, 2023
If you purchased a license for a product from a company in South Dakota, and they are discontinuing it while introducing a similar one called "Validated," whether they are legally required to provide you with credit for the new material depends on the terms of the original license... View More
I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.
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answered on Dec 19, 2023
When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could... View More
Walmart took my kid into loss prevention recently claimed they had several different video footages of him stealing worth over 1700 or something like that. Had him sign a form saying he wouldn't trespass again and let him go. Will he get arrested for it later He's 23 with no criminal record at all
answered on Dec 6, 2023
Ultimately, this is up to Wal Mart if they are going to make a report with the local police concerning the theft allegations. In South Dakota, you have up to 7 years to file a criminal case on a misdemeanor or felony charge. It sounds like if he comes back to the Wal Mart or has additional issues... View More
he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and... View More
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answered on Nov 7, 2023
To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and... View More
Husband was a Army Vet. She even got his flag I feel so disrespected.i
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answered on Oct 26, 2023
I'm sorry for your loss and the difficult situation you're facing. If an injunction has been filed in Tribal Court, it's essential to respond to it and ensure your rights and interests are protected. Since this is a matter in Tribal Court, the proceedings might differ from state or... View More
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answered on Oct 22, 2023
he Social Security Administration (SSA) has specific income limits for individuals receiving disability benefits. If you exceed these limits due to work, the SSA may consider you as performing "Substantial Gainful Activity" (SGA). If the SSA determines that you were engaging in SGA during... View More
I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the... View More
answered on Sep 20, 2023
A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could... View More
My credit is shot so don't think I can refinance. some one suggested to file bankruptcy. As I red up on bankruptcy it said u can't include second mortgages in bankruptcy. Is that true?? Is there a way around it? What else can I do if I can get a loan to refinance or anything?
answered on Sep 15, 2023
Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.
An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be... View More
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