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I am being charged with two counts of possession of narcotics, maintaining a place where drugs are sold, and intent to distribute. The situation began when I was moving out of a hotel room after a disagreement with housekeeping and management. Housekeeping entered my room three hours before... View More 
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answered on Apr 10, 2025
Your question has multiple parts, so I'll start with the easiest part. The 4th Amendment does not provide protection against the actions of private individuals, so the photos from housekeeping are permissible. The search by the police officer sounds problematic based on your description.... View More
I have been living at a property under a verbal agreement for over five years, where I provided work in lieu of paying rent as I am attempting to secure disability. My landlord is now wrongfully evicting me and has repeatedly locked me out from my belongings, despite a deputy advising him against... View More
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answered on Apr 12, 2025
Your landlord's actions may constitute wrongful eviction, especially if you have a verbal agreement and have been living there for five years. In South Dakota, even without a written lease, tenants have rights, and the landlord cannot legally lock you out or withhold your belongings without... View More
I am planning to record phone calls and video chats. Can you tell me about the laws in South Dakota regarding consent requirements and legal considerations for doing so?
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answered on Apr 13, 2025
You're smart to check the law before hitting "record"—it’s not just about ethics, it’s also about protecting yourself. In South Dakota, the law follows what’s called a **"one-party consent"** rule. This means you can legally record a phone call or video chat **as... View More
I'm trying to help my husband appeal his conviction for aggravated assault on a law enforcement officer in South Dakota. He was charged after unintentionally bumping an officer's elbow while driving away during a traffic stop. We feel the conviction was unjust as there was no intent to... View More
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answered on Apr 13, 2025
To appeal your husband's conviction, the first step is to file a notice of appeal with the South Dakota Supreme Court or the Court of Appeals, depending on the specifics of the case. You will typically have 30 days from the conviction or sentencing to file this notice, so it’s important to... View More
I've allowed a person to stay on my property verbally, but there is no formal written agreement. She has previously paid some money but cannot pay now and doesn't work. The situation has become unsafe as she is a hoarder and sleeps in a van on my property. How can I legally evict her from... View More
I am being charged with a Class 4 felony in Minnehaha County, Sioux Falls, South Dakota. I have concerns about a conflict of interest because the same judge has sentenced me in 4 out of 5 of my criminal hearings, and he is assigned to my current veterans court case as well. Although he has been... View More
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answered on Mar 20, 2025
The proper time to remove a judge you suspect is biased is prior to conducting a trial. You should also raise this issue before the judge rules on any substantive motions. Your lawyer can draft an affidavit for a change of judge and have you sign it. The lawyer then will ask the judge to recuse... View More
I live in Deadwood, South Dakota, and have rented a single room under an oral agreement for four years. Recently, a new owner and property manager issued a lease agreement for the building, affecting approximately 20 units. I'm concerned about two clauses in this new lease:
1. The lease... View More
I submitted my husband's I-130 two years ago and recently received a Request for Evidence (RFE) asking for more evidence to prove our marriage is bona fide, as I initially applied with only one wedding photo and our marriage license. We have two months before the RFE deadline, and I have... View More
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answered on Mar 20, 2025
You should address the name typo promptly, but it is not a critical error that will derail your case. You have taken the right step by requesting a correction with USCIS, which shows that you are actively managing the issue.
It is advisable to submit the additional evidence along with a... View More
I want to file a lawsuit against my daughter's school in South Dakota. My daughter was sexually assaulted by a teacher, and the school refuses to help with the investigation or restrict the teacher's access to her. Several other girls have also reported similar incidents to the school,... View More
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answered on Apr 1, 2025
Your situation warrants immediate legal action under both federal and state laws, including Title IX which prohibits sex discrimination in education and mandates schools to address sexual harassment and assault. You may pursue claims for negligent supervision, civil rights violations, and... View More
I own a limousine company in South Dakota and was subcontracted by a company from New York to transport flight crews between the airport and a hotel. We arranged payment terms through email, but they are now significantly behind, owing about $80,000 with some payments overdue since August 11th.... View More
answered on Feb 26, 2025
You are wasting your time and effort. Hire a New York based collection attorney to handle the matter.
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
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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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
Paraphernalia. She now has a court date for possession, what are my options in South Dakota?
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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
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.
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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
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
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
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
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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
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
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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
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?
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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
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
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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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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
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