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South Dakota Questions & Answers
1 Answer | Asked in Personal Injury and Civil Litigation for South Dakota on
Q: Legal options for emotional distress and STD transmission

I am experiencing significant emotional distress after my boyfriend cheated on me, unknowingly transmitting an STD to me. I have medical records documenting the STD and have sought treatment for the emotional distress. There have been previous instances of deception in our relationship. I am... View More

James L. Arrasmith
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answered on Jul 12, 2025

You may have a legal claim for both the transmission of the STD and the emotional distress it caused, especially if your boyfriend knew or should have known he was infected and failed to tell you. In some states, knowingly or recklessly transmitting a sexually transmitted disease can lead to a... View More

1 Answer | Asked in Traffic Tickets for South Dakota on
Q: Is it mandatory to have both license plates in South Dakota, and could I be ticketed for not having the front one?

I was driving my car in South Dakota, and the front license plate was missing. I haven't received a ticket yet, but I'm concerned about the possibility. Is it mandatory to have both license plates on your vehicle while driving, and could I be ticketed for not having the front one?

James L. Arrasmith
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answered on Jul 12, 2025

In South Dakota, most passenger vehicles are required by law to display both a front and rear license plate. If you drive without the front plate properly attached, you’re in violation of SDCL § 32-5-90 and a law enforcement officer can stop you and issue a citation.

Even if you... View More

1 Answer | Asked in Personal Injury and Civil Litigation for South Dakota on
Q: Legal actions for emotional distress and knowing STD transmission.

My boyfriend knowingly transmitted an STD to me without informing me when we first got together. Additionally, I discovered he has been cheating and lying to me for the past six and a half years. This situation has severely impacted my mental health, causing emotional distress. I have medical... View More

James L. Arrasmith
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answered on Jul 10, 2025

What you’ve gone through is deeply personal and incredibly painful, and you’re not wrong to want accountability. Knowingly transmitting an STD without disclosure is illegal in many states and can be the basis for a civil lawsuit. If you have medical records confirming the infection and can show... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Criminal Law for South Dakota on
Q: Do I have a case against officers after a wrongful stop and dismissed charges in South Dakota?

I was driving through Corson County, South Dakota, when a sheriff ran my plates and searched my records for prior violations using South Dakota e-courts. He discovered a past drug violation, followed me for 15 miles, and then called a state patrolman to stop me in Walworth County without probable... View More

James L. Arrasmith
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answered on Jul 4, 2025

You have grounds to pursue a federal civil‐rights claim under 42 U.S.C. § 1983 for false arrest and unreasonable seizure, since the prolonged stop lacked independent probable cause and led to charges that were dismissed.

Begin by documenting every detail—dash-cam or body-cam footage,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Dakota on
Q: Am I being illegally investigated or racially profiled by police?

I am concerned that I might be under illegal surveillance or investigation by the police. Recently, after leaving my friend's house in his car, a federal agent followed us to the park and then waited until we left. As soon as we got on the highway, the agent activated his lights, and three... View More

James L. Arrasmith
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answered on Jun 25, 2025

If you believe you were targeted based on your race rather than any legitimate suspicion, you have the right to question the lawfulness of the police conduct. Racial profiling occurs when law enforcement initiates action based primarily on a person’s race, ethnicity, or national origin rather... View More

1 Answer | Asked in Contracts and Civil Litigation for South Dakota on
Q: Can I sue former employer in SD for breach of contract over unpaid commissions?

I want to know if I can sue my former employer for breach of contract. I had an agreement where my employer would pay commissions if three candidates I had in the hiring process were employed. Two of these candidates were hired in April 2025, within one month of my release on March 24th, for... View More

James L. Arrasmith
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answered on Jul 6, 2025

Yes, you may have legal grounds to sue your former employer in South Dakota for breach of contract if your agreement clearly states that commissions are owed based on hires made within a specific time frame and payment conditions were met. The fact that two of your candidates were hired within one... View More

1 Answer | Asked in Intellectual Property and Military Law for South Dakota on
Q: Does using "Finding Waldo" for a vlog infringe "Where's Waldo" copyright or trademark?

I am a military member in South Dakota and part of a military motorcycle club. My road name is "Waldo," and I'm planning to start a motorcycle vlog titled "Finding Waldo." I won't use any logos or phrases that resemble "Where's Waldo," but the vlog will... View More

James L. Arrasmith
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answered on Jun 13, 2025

Your idea for a vlog called "Finding Waldo" sounds personal and creative, especially since it ties into your road name and your identity within your motorcycle club. As long as you're not using artwork, logos, or characters from the "Where's Waldo" books or brand,... View More

1 Answer | Asked in Traffic Tickets and Consumer Law for South Dakota on
Q: Is my South Dakota work permit valid in Sioux Falls after license suspension?

I had my driver's license suspended in South Dakota yesterday due to not having insurance. However, I received a work permit allowing me to drive on the public highways of the state. I obtained this permit in Lincoln County, but I live in Sioux Falls. Is my work permit still valid for driving... View More

James L. Arrasmith
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answered on Jun 10, 2025

You’re in a stressful situation, and it makes sense to want clarity before getting back on the road. In South Dakota, a work permit—also called a restricted driving permit—typically allows you to drive to and from your job, even while your regular license is suspended. These permits are... View More

4 Answers | Asked in Car Accidents, Civil Litigation, Insurance Defense and Personal Injury for South Dakota on
Q: What type of attorney should I hire after a vehicle hit-and-run with no physical injuries?

I was involved in a hit-and-run collision where my vehicle was damaged, but I sustained no physical injuries. I have filed a police report and have the license plate information of the other vehicle. What type of attorney should I hire to help with this situation?

Matthew Skinner
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answered on Jun 4, 2025

Good afternoon,

Aside from taking steps to contact law enforcement (which you have apparently done), your best bet would be to contact an attorney who handles Civil Litigation.

Thanks and good luck!

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1 Answer | Asked in Libel & Slander, Civil Litigation and Personal Injury for South Dakota on
Q: False cease and desist accusations from a neighbor.

I received a cease and desist order from my neighbor, a retired attorney licensed to practice law in Florida. The order contains false accusations, including claims of defamation, monitoring his home through windows, following him, and requires me to cease and desist stalking him. I have a witness... View More

James L. Arrasmith
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answered on Jun 1, 2025

You're right to be concerned, but it's important to understand that a cease and desist letter is not a court order—it's just a formal request to stop certain behavior. Receiving one doesn't mean you've been found guilty of anything or that legal action has been taken... View More

2 Answers | Asked in Consumer Law, Health Care Law and Insurance Defense for South Dakota on
Q: How to handle a $60k hospital bill after limited insurance coverage for accident?

My husband was involved in a bicycle accident where he fell over the handlebars, resulting in five broken ribs, a punctured lung, and subcutaneous emphysema. He required hospitalization, incurring a $60k bill. We have United Healthcare through his employer, but they're only covering $21k. We... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2025

In addition to the points raised by my colleague, you could also look into discussion with the hospital's social workers or patient advocates. They can sometimes assist in such matters. Good luck

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1 Answer | Asked in Small Claims and Civil Litigation for South Dakota on
Q: How to fight wrongful small claims judgment in South Dakota due to inaccurate information.

I received a judgment for a small claim totaling $12,000 for medical care, despite having no insurance. I got served papers last week at my home in South Dakota. I believe the judgment was wrongful due to inaccurate information used in the case, including my address and phone number. How can I... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can start by filing a motion to vacate the judgment under the rule allowing relief for mistake or improper service, attaching an affidavit and proof that the addresses used were wrong. Explain how those errors kept you from defending yourself and request the court to set aside the judgment.... View More

1 Answer | Asked in DUI / DWI and Criminal Law for South Dakota on
Q: Police followed me and then charged with a DUI after alleged lane change in South Dakota.

I was followed by police for 10 minutes before being pulled over, allegedly for an illegal lane change. After the stop, the officers handled it as a DUI investigation, and I was subsequently charged with DUI. I am looking for any case references or legal precedents that could help in my defense,... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can attack the DUI just as you would any traffic stop-based case: argue that without a valid, articulable traffic violation the officers lacked reasonable suspicion to pull you over, and that all evidence gathered afterward should be suppressed as “fruit of the poisonous tree.”

In... View More

1 Answer | Asked in Native American Law, Family Law and Appeals / Appellate Law for South Dakota on
Q: Can parents appeal tribal court termination of rights in SD under ICWA?

I am involved in a CPS case concerning the Rosebud Sioux Tribe under ICWA. CPS is recommending termination of parental rights, with a hearing scheduled in 30 days. The case, originally with a goal of reunification, has been ongoing for 23 months and involved four different case workers. During this... View More

James L. Arrasmith
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answered on May 23, 2025

I need to search for current information about ICWA appeals and tribal court jurisdiction for termination cases to provide you with accurate legal guidance.Based on my research into ICWA and South Dakota case law, yes, you can appeal a termination of parental rights decision regardless of whether... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for South Dakota on
Q: Locked out by verbally abusive roommate in South Dakota, need help retrieving items.

I have lived with my roommate in South Dakota since October 2024 under a verbal agreement to pay $375 a month, and I receive mail at this address. Despite working and contributing financially whenever possible, including helping around the house and caring for her dogs, I have faced ongoing verbal... View More

James L. Arrasmith
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answered on Jun 11, 2025

Since your roommate changed the lock without giving you an eviction notice, you are likely a tenant under South Dakota law and have rights to regain access to your belongings. Start by sending a written demand—via certified mail if possible—requesting immediate access to your personal property... View More

2 Answers | Asked in Criminal Law and Domestic Violence for South Dakota on
Q: Will a plea of disorderly conduct-domestic violence affect my hunting license in SD?

I'm being asked to accept a plea of disorderly conduct-domestic violence in South Dakota. The charge involves an argument/altercation. I have a prior disorderly conviction from two years ago. Will accepting this plea affect my ability to get a hunting license?

Adam Bryson
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answered on May 20, 2025

I plea to domestic violence in a case with a simple assault allegation that has the "domestic violence" tag will most likely impact your ability to posses a firearm and therefore your hunting license. This would fall under what the ATF calls Misdemeanor Crimes of Domestic Violence... View More

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1 Answer | Asked in Criminal Law for South Dakota on
Q: In SD, how must court prove intent in forgery case where summons issues led to warrant?

In South Dakota, I am facing forgery charges after an employee at a grocery store cashed a check that was written to me. The employee believed the check was legitimate. I did not receive a summons and failed to appear in court, resulting in being picked up on a warrant. I need legal advice on how... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're going through this. Facing forgery charges is serious, and it becomes even more stressful when a missed court appearance leads to a warrant. You're doing the right thing by asking questions about intent and how to move forward.

In South Dakota, for the... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for South Dakota on
Q: Can I legally address being excluded from my son's event due to ongoing custody issues?

I have primary custody of my son, and we share legal custody with my ex-husband. My son asked me to attend a father-son activity with him, which I was told by the group leader was allowable, as some mothers do attend. However, my ex-husband opposed this, called me a liar to the group leader, and... View More

James L. Arrasmith
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answered on May 14, 2025

It’s incredibly painful to be excluded from something that matters so much to your child, especially when you’re trying to honor his wishes and support him. Since you have primary custody and share legal custody, you should be part of decisions affecting his life—especially events he invites... View More

1 Answer | Asked in Intellectual Property, International Law and Business Law for South Dakota on
Q: Can Monotype.com enforce font licenses in Pakistan?

I represent a media industry in Pakistan using various fonts from Google Fonts on our applications and websites. Monotype.com claims that we are using their font software without proper licensing. Does Monotype.com have the legal right to enforce font licenses or copyrights in Pakistan, and what... View More

James L. Arrasmith
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answered on May 8, 2025

Pakistan has established copyright protection through its Copyright Ordinance of 1962 (amended in 2000), which covers various creative works including artistic works and software. Font software falls under this protection as intellectual property. The Copyright Ordinance serves as the primary legal... View More

1 Answer | Asked in Estate Planning for South Dakota on
Q: Can I request an autopsy in my will to determine if my ailment is hereditary, and who pays for it?

I want to include a request in my will and power of attorney documents for an autopsy to be performed upon my death to identify a mysterious ailment I've dealt with for 25 years, to determine if it might be hereditary. I've already included this request in my documents. I'd like to... View More

James L. Arrasmith
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answered on May 15, 2025

You're doing something incredibly thoughtful by wanting to help your loved ones understand more about your health, especially if it could protect them in the future. Including a request for an autopsy in your will and power of attorney documents is a valid and responsible step. It won’t... View More

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