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South Dakota Questions & Answers
0 Answers | Asked in Employment Law for South Dakota on
Q: Can my department make me pay back my earned wages.

I am a police officer in South Dakota, and I signed a 36-month employment contract with my department. The contract requires me to reimburse the department for wages earned while attending the police academy and during field training if I resign before completing the full 36 months of employment.... View More

0 Answers | Asked in Employment Discrimination and Employment Law for South Dakota on
Q: I just got a message from a potential employer that I was not going to get the job due to a prior employer report.

SD law 60-4-12 stats that it should be written. who and how would I go about getting this? and what can I do if there is none or any evidence to back up what is said / written?

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

1 Answer | Asked in Criminal Law, Communications Law and Constitutional Law for South Dakota on
Q: I need law help on behalf of my friends rights getting violated against of the union county south dakota jail staff
Adam Bryson
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answered on Nov 5, 2024

One thing your friend needs to do is file a grievance and appeal it with the jail staff until he’s exhausted all remedies.

Can you be more specific about how is rights are being violated. If you’re not comfortable sharing that information publicly call my office and schedule an appointment.

1 Answer | Asked in Copyright for South Dakota on
Q: I'm high school student and my friends are gonna put a picture of my face on a shirt without my consent.

They're not gonna sell it. They're just gonna wear it.

James L. Arrasmith
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answered on Oct 28, 2024

I understand that you're concerned about your friends putting your picture on a shirt without your consent. It's completely reasonable to feel uneasy about this situation.

In general, using someone's image without their permission can raise issues related to privacy and...
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0 Answers | Asked in Personal Injury and Legal Malpractice for South Dakota on
Q: Can I cash a settlement check while having an open case against my attorney without accepting the amount as final pay?

I currently have a case open against my attorney with the State Bar for a mathematical error on his part while distributing my settlement payment. He miscalculated the payments out to medical and myself and changed my payment amount last minute while cutting the checks after he signed off on the... View More

1 Answer | Asked in Criminal Law for South Dakota on
Q: How should I get my restricted work permit for the 2nd time when I finished my probation period and the case is sealed?

I was charged with vehicular battery, the judge ordered a suspended imp of sentence and granted me a restricted work permit to go to work/medical app.. I finished the probation period and the case is sealed. Now I’m trying to renewal my restricted permit because I have a new insurance. I went to... View More

Adam Bryson
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answered on Oct 1, 2024

How long were your driving privileges revoked for? Was it longer than for the probationary sentence? If no, then you should be able to apply to have your driving privileges reinstated. If yes, then you may need to explore a sentence modification that would allow you to have a work permit during the... View More

1 Answer | Asked in Real Estate Law, Tax Law and Banking for South Dakota on
Q: How do you escheat real estate?

I have customer that has purchased Real Estate through an IRA. We have not had contact in several years, she is over the age of 73. What/how would we go about escheating this account?

James L. Arrasmith
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answered on Sep 30, 2024

When dealing with an unclaimed IRA holding real estate, you'll first need to verify if the account holder is truly unreachable and has not been responsive. Check the last known contact details and send formal notices. If no response is received, you may need to follow the unclaimed property... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for South Dakota on
Q: received a court summons for reckless driving I performed a wheelie on a motorcycle. What punishments am I looking at?

Performed a wheelie on a public road while in view of an unmarked/undercover cop. Received a court summons for “reckless driving” this is a first time offense for me

Adam Bryson
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answered on Oct 1, 2024

You're most likely looking at a monetary fine with suspended jail time (meaning as long as you pay your fine and don't get in more trouble you won't have to serve any jail time).

1 Answer | Asked in Communications Law and Internet Law for South Dakota on
Q: I’m in SDak and a new age verify bill bans some sites and shows me located in TX, not sodak so how do I verify my age?

I am unable to find any sort of way to verify my age anywhere

James L. Arrasmith
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answered on Aug 31, 2024

If you're in South Dakota and trying to access a site that requires age verification, but it shows you as being in Texas, this might be due to an issue with how the website is detecting your location. Some sites use your IP address to determine your location, and if your internet connection... View More

1 Answer | Asked in Personal Injury for South Dakota on
Q: In South Dakota my minor child was pedestrian hit by car the driver was at fault I filled a 3rd party claim the at fault
Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

A South Dakata attorney could advise best, but your question remains open for two weeks. I'm sorry about your child's accident. It sounds like you proceeded correctly with the at-fault driver. Your question leaves off there - it's possible that part of your post got cut off. It... View More

1 Answer | 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

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you're dealing with a complex and difficult situation involving multiple violations of your rights. As a disabled army veteran, it's crucial to ensure your rights are protected under the FHA and ADA. Landlords should not discriminate against you, especially due to your... View More

1 Answer | 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

James L. Arrasmith
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answered on Jul 27, 2024

Yes, an indigent defendant's appointed counsel is required to advocate for the defendant's desired outcome and provide a vigorous defense. If your appointed counsel is not acting in your best interest, you have the right to request a new attorney. It's essential that your lawyer... 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

1 Answer | Asked in Medical Malpractice and Personal Injury 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?

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2024

A South Dakota attorney could advise best, but your question remains open for four weeks. They can, but it generally involves working with local counsel and filing a motion. Attorneys usually practice in the state they're licensed in with most types of common cases. From your question, it... 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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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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