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South Dakota Questions & Answers
0 Answers | Asked in Civil Rights for South Dakota on
Q: disabled army, veteran, FHA and ADA rights being violated by Pennington county and Meade county. Landlords stole ESA cat

Victim of domestic violence, Hud Vash participant being evicted. Housing Authority requesting medical information since didn’t give authorization refused payment to my landlords. I believe I’m part of programs that I was not given informed consent about because they were government employees I... View More

0 Answers | Asked in Criminal Law for South Dakota on
Q: I was taken in due to a search warrant for my cousin and I was the only one here and they told me I had to do a UA

So I was arrested and now have a court case for whatever was found here but I had no idea what was I being investigated for if I only stay here to sleep

0 Answers | Asked in Car Accidents for South Dakota on
Q: How can I recoup the loss of a parked car that was totaled by someone with no insurance and I only had liability?

My street parked car was hit by a driver with a suspended license. The car was borrowed from the owner who had no insurance on it. I believe the the driver was working as a food deliverer at the time.

The driver has a criminal history, moves around and looks like he does not pay his court... View More

0 Answers | Asked in Employment Law for South Dakota on
Q: I was terminated because my employer said I had inappropriate and non-work related internet history on my computer. Howe

The way they collected the information goes against their policies and I believe is an invasion of my privacy. I requested the logs of my internet history they referenced. The vast majority of the logs were outside of working hours. I contest they have NO right to be able to pull and store that... View More

0 Answers | Asked in DUI / DWI for South Dakota on
Q: How can I avoid jail time?

Hi I’m Paul I’m 20 I was wondering something. So I had a DUI about a year ago June 3rd 2023. And that was my first offense for anything and the court order fines and to be law abiding for 360 days. However I had a run in in February 2024. For underage fictious and resisting but no court date... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Dakota on
Q: Is an indigent appointment of counsel required to advocate for the defendant, and work for his client's desired outcome?

For example, if a client's desired outcome is the verdict from a jury in a fair trial, correct or not, and the client would not complain against the attorney, if the outcome was, "Guilty," instead of "Not Guilty," even though, "Not Guilty," was the plea he... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for South Dakota on
Q: How can I get a fair trial?

I am homeless and on foot, I cannot use mail to report misconduct to the bar, and they do not accept any other method for complaint. The judge told me I couldn't fire the lawyer and get another one, and in jail i repeatedly tried to fire the guy, but he forcefully remained my counsel saying i... View More

James L. Arrasmith
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answered on Jul 21, 2024

To get a fair trial, you need to ensure your rights are protected, even in challenging circumstances. Start by documenting everything that has happened to you, including your attempts to fire your lawyer, the conditions imposed by the judge, and any misconduct or mistreatment. This documentation... View More

0 Answers | Asked in Family Law and Child Support for South Dakota on
Q: The state by default took $18,000 for child support for a kid that wasn't mine. How can I get back what thwy stole

Is this a personal injury case? The mother of said child has no assets

0 Answers | Asked in Public Benefits and Medical Malpractice for South Dakota on
Q: Can a lawyer represent a client in a different state?

This is a malpractice case in South Dakota, are you able to take a case in SD?

0 Answers | Asked in Criminal Law, DUI / DWI and Public Benefits for South Dakota on
Q: I was wrongly Arrested for a DUI . But after the blood and drug tests . I proved i was actually sober. Charges droppe

Yet i still lost my job because it says i have a brand new DUI when i talked to my insurance and job they said it is very much effecting my insurance and jobs. Yet i didnt break the law? I need this fixed immediately. It has lost me my job of several years . And thats Completely criminal... View More

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for South Dakota on
Q: I have become executor of will and have acquired my father's house. Can I let it go back to the bank with all the stuff

Can we leave all the stuff in the house and let it go back to the bank?

David R Hansen
David R Hansen
answered on Jun 26, 2024

Hello,

Thank you for the inquiry. Generally under SDCL 29A-3-703, a personal representative (aka executor) of an estate in South Dakota has a fiduciary duty to preserve the assets and act in the best interest of the estate. It is difficult to know how this may apply to your specific...
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2 Answers | Asked in Bankruptcy for South Dakota on
Q: I and my ex went through a chapter 7 bankruptcy in 1996. If I pay off a bank card now will I owe everyone else?

When my ex and I filed chapter 7 in 1996 it included a credit card dept from our credit union. They said at the time if we ever wanted to bank there again we'd need to pay off the debt. I and my son want open joint accounts there now, but my landlady says if I repay a debt from the bankruptcy... View More

James L. Arrasmith
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answered on Jun 19, 2024

No, your landlady is mistaken. Paying off a debt that was discharged in a Chapter 7 bankruptcy will not reactivate the other debts that were also discharged in that bankruptcy.

When you received a discharge in your Chapter 7 bankruptcy in 1996, it permanently eliminated your legal...
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1 Answer | Asked in Civil Rights for South Dakota on
Q: What happens if I'm a female and the jail made me do a UA with a male jailer?
James L. Arrasmith
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answered on Jun 15, 2024

If you're a female and a male jailer made you do a urine analysis (UA), it's important to know that this might not follow standard protocols. Typically, female inmates should be supervised by female officers during such procedures to ensure privacy and comfort. This practice helps... View More

1 Answer | Asked in Civil Rights and Libel & Slander for South Dakota on
Q: What rights do children have in regards to privacy of a crime and against libel?

My 10 year old was present when the city park was vandalized. It was caught on the city cameras and reported to the police. We were never notified but a city worker took the surveillance videos with my child in it and showed it to other town members at the local bar. A family member heard about... View More

James L. Arrasmith
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answered on Apr 16, 2024

In the United States, children have certain rights to privacy, especially when it comes to their involvement in crimes or legal matters. Here are some key points:

1. Confidentiality: Juvenile court records are generally kept confidential to protect the child's privacy and future...
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1 Answer | Asked in Social Security for South Dakota on
Q: What if an attorney to help you with your SSDI took the 6,000 took your files and abandoned you and retired?

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

James L. Arrasmith
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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

1 Answer | Asked in Trademark and Intellectual Property for South Dakota on
Q: IF A COMPANY HAS THER FEDERAL TRADEMARK "MR.TIRE" , AM I INFRINGING IT BY USING THE NAME "MR TIRE AND/& SERVICE"?
James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Car Accidents for South Dakota on
Q: What happens if I didn't waive my right to a speedy trial and its been over 90 days?

Does case become dismissed?

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation and Civil Rights for South Dakota on
Q: Can a city's insurance attorney represent a towtruck owner hired by the city in a civil lawsuit

Federal civil lawsuit against a city can their attorney represent a 3rd party person (towtruck owner) in this lawsuit

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Constitutional Law for South Dakota on
Q: Does a restoration of firearm rights in Minnesota transfer over to South Dakota?

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

James L. Arrasmith
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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

1 Answer | Asked in Communications Law for South Dakota on
Q: On my cell phone. Is it legal for me to record all my incoming & outgoing calls?
T. Augustus Claus
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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

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