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South Dakota Questions & Answers
0 Answers | Asked in Consumer Law, Contracts and Civil Litigation for South Dakota on
Q: Orthodontist didn't submit claim; out-of-pocket cost refund possible?

I received braces through an orthodontist who claimed to have submitted a claim to Delta Dental. However, Delta Dental confirmed they never received such a claim, stating that I could have used the $2500 coverage. The orthodontist hasn't responded to my recent inquiries. Am I entitled to a... View More

0 Answers | Asked in Business Law, Employment Law and Civil Litigation for South Dakota on
Q: Seeking compensation for hiring process error and contract issue in Sioux Falls SD.

I graduated in May 2024 and moved to South Dakota with my husband for his job, while continuing my education online in Minnesota. I applied for an early childhood special education teacher position in the Sioux Falls SD district. After being hired, I signed a contract and applied for my South... View More

0 Answers | Asked in Constitutional Law, Gov & Administrative Law and Federal Crimes for South Dakota on
Q: Federal writ of habeas corpus for unlawful imprisonment after bond and monitoring violation.

I'm seeking to file a federal writ of habeas corpus due to unlawful imprisonment. The defendant was initially arrested on multiple charges, including possession with intent to distribute, DUI, and some misdemeanor traffic charges. A $5,000 cash bond was paid, and the defendant was released but... View More

0 Answers | Asked in Employment Law and Workers' Compensation for South Dakota on
Q: Terminated from job, received confidentiality agreement post-termination; what are my rights?

I was terminated from my job today without any prior notice. Before receiving the termination letter, I was sent an appeal letter. I had previously been on workers' compensation, and my employer did not accommodate my work restrictions. After attending my mother's funeral, I returned to... View More

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Dakota on
Q: We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented.

We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More

David Aldrich
David Aldrich
answered on Feb 12, 2025

U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, and each claim has a different scope.... View More

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0 Answers | Asked in Traffic Tickets for South Dakota on
Q: Ticket says 37 and a 30 with specific crossroads. I have picture of crossroads & sign saying 45. Valid?

If I'm able to send an attachment let me know

1 Answer | Asked in Government Contracts, Election Law, International Law and Social Security for South Dakota on
Q: Hey can you provide me some landmark cases related to extra territorial election disputes
James L. Arrasmith
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answered on Feb 8, 2025

Extraterritorial election disputes involve legal challenges where actions or laws beyond a nation's borders impact its electoral processes. While such cases are relatively rare, several notable instances illustrate the complexities involved, and I suggest that you go to your local law library... View More

0 Answers | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for South Dakota on
Q: If a state agrees to pay money under a victim compensation program, then decides not to pay anything, is there any legal

There was a crime and the perpetrator admitted to it directly to the police and in writing as well. The state originally approved compensation for the victim, but decided to not charge the perpetrator despite video and their own admission to the police. Because the state never charged them they are... View More

0 Answers | Asked in Uncategorized for South Dakota on
Q: Disabled veteran suffering illegal abuse by SD authorities—beaten, jailed, lost everything. Legal help urgently needed!

am a disabled veteran and survivor of domestic violence facing illegal abuse, discrimination, and retaliation from landlords, the VA, and local authorities in South Dakota. In November 2024, I was brutally assaulted by a state trooper, suffering broken ribs, a broken arm, and severe injuries. My... View More

0 Answers | Asked in Land Use & Zoning for South Dakota on
Q: Can my neighbors plant trees in between our houses?

Our houses or 10-12 feet apart

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for South Dakota on
Q: My daughter got pulled over for expired tags. The cop claimed he smelled marijuana. He broke into a lockbox and found

Paraphernalia. She now has a court date for possession, what are my options in South Dakota?

Adam Bryson
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answered on Feb 9, 2025

Based on what you've stated the original stop was valid, as any motor vehicle infraction no matter how minor, is justification for a stop. Law enforcement often uses odor of marijuana to justify a probable cause search of the vehicle. There are possible options such as a motion to suppress the... View More

1 Answer | Asked in Copyright for South Dakota on
Q: What are the copyright laws on uploading comic panels to youtube for video essays? (like the channel comicstorian*)

I would like to take comic panels and upload edited screenshots of them for video essays on Youtube but I don't know what the copyright laws are on doing something like that and I can't find any information online. Any help is appreciated.

James L. Arrasmith
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answered on Dec 26, 2024

Using comic panels in video essays typically falls under "fair use" doctrine, which allows limited use of copyrighted material for criticism, commentary, news reporting, teaching, scholarship, or research. Many YouTube creators successfully operate under fair use when they transform the... View More

1 Answer | Asked in Medical Malpractice for South Dakota on
Q: My sister's knee replacement

My sister went into the hospital for a simple knee replacement. The night after the surgery she needed to use the restroom and only 1 nurse came into help her. They were aware she was a fall risk and only sent 1 nurse there should have been 2 or a gatebelt put on her. As a result she fell and... View More

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2024

A South Dakota attorney could advise best, but your question remains open for a week. To answer your question meaningfully, you could reach out to law firms to discuss in more detail about the incident. Attorneys who handle such cases generally offer free initial consults. If a law firm saw a basis... View More

1 Answer | Asked in Tax Law, Employment Law, Immigration Law and Traffic Tickets for South Dakota on
Q: Naturalization via marriage last 3 years joint tax transcripts rule. We have two joint tax transcripts, I am in US f2022

Hi, I am about to send the N-400 form. The case concerns the marriage of a US citizen. I entered US on CR1 visa in 2022 I removed the conditions of my 2-year GC, at the moment I am on IR1 10-year green card. For three years here, I have only two tax transcripts for 2022 and 2023 filed jointly... View More

James L. Arrasmith
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answered on Dec 19, 2024

From what you've described, having two joint tax transcripts for 2022 and 2023 should be sufficient since you weren't required to file U.S. taxes in 2021 as you weren't living in the country. Your husband's "married filing separately" status for 2021 won't... View More

1 Answer | Asked in Criminal Law for South Dakota on
Q: What should I expect in South Dakota for initial modification revocation hearing?

I’m wondering if they are going to put me in jail or something today or what do they mean by? I don’t need a lawyer today

Adam Bryson
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answered on Dec 17, 2024

I'm assuming this is for a felony probation violation. If so, it depends on the recommendation of court services. Typically they will keep you in jail if they want to terminate your probation or feel like you need to serve some jail time. You can request bond, if approved it likely means... View More

1 Answer | Asked in Criminal Law for South Dakota on
Q: my daughter punched a kid that was bullying her and now she’s got assault charges. What do I do?

This kid had been bullying her for months. She warned him multiple times to stop now she is facing assault charges and I don’t think that that’s right. What do I do?

Adam Bryson
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answered on Dec 12, 2024

My response is based on the assumption that your daughter is a juvenile. You should either hire an attorney before her advisory hearing or apply for a court appointed attorney at the advisory hearing. Then work with the attorney to prepare for an adjudicatory hearing, which is like a trial in... View More

2 Answers | Asked in Criminal Law and Civil Rights for South Dakota on
Q: if i turned my vehicle in as stolen and then was arrested I5 days later after it was found and searched for pcs

I turned my vehicle in as stolen, although i did know who took it i had not given them permission to take it and they took it while i was sleeping. After 5 days of being missing, it was located right where i told them it would be and it was towed back to my town and searched without them even... View More

Adam Bryson
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answered on Dec 9, 2024

The answer to your question depends greatly on the specific facts of your case. I would recommend retaining an attorney who can obtain the discovery and review the law enforcement reports to see how law enforcement determined there was probable cause to arrest your for this. Often times law... View More

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1 Answer | Asked in Criminal Law for South Dakota on
Q: Recently indicted by grand jury wondering what steps to take
Adam Bryson
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answered on Dec 5, 2024

The easy answer is that you need to retain an attorney to help you navigate the Circuit Court process. This is not something you want to try and do on your own. However, a more specific answer depends on what the charges you were indicted are for. Additionally, you'll want to know if there is... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Dakota on
Q: Am I responsible for a lien placed on a home I no longer own? The lien was placed on it three weeks after I closing.

I sold my home. Three weeks later I received a letter from the title company saying that a lien has been placed on my former home from a credit card debt. They also stated I was responsible for taking care of it. I was unaware of the impending lien. From a moral standpoint I know I should pay it... View More

Anthony M. Avery
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answered on Nov 12, 2024

The debt had to become a judgment before it could be used as a lien. Remember getting sued? You may be able to set aside the judgment, but you would still be possibly owing the debt. Apparently noone recorded the deed you signed until after the lien attached. If you signed a warranty deed,... View More

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