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South Dakota Questions & Answers
0 Answers | 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

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

0 Answers | Asked in Criminal Law for South Dakota on
Q: I have a modification revocation hearing today in South Dakota. when I finally got somebody on the phone, I said no

I don’t have time to retain an attorney. I’m just wondering why I don’t need one.

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

0 Answers | Asked in Criminal Law for South Dakota on
Q: I am on a suspended in South Dak What can I expect at a revocation modification hearing? Is there anything I can do on m

my suspended imposition originates in South Dakota, but I am actually on probation in Minnesota now I got charged with the crime due to my roommates, but I myself did not have anything. They just charged everybody and court is still pending on that.

0 Answers | Asked in Criminal Law and Personal Injury for South Dakota on
Q: assaulted by a SD HP Trooper during encounter at apartment where he broke my wrist and ribs? Retaliation for VA REPORT

Assaulted after asked for attorney and supervisor, Illegally arrested then on misdemeanor charge for resisting arrest and vehicle was towed. Held for 3 days, also I’m an unemployed veteran that’s a domestic violence victim on the HUD VASH program here in Rapid City SD.. now I’ve been left... 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

0 Answers | Asked in DUI / DWI for South Dakota on
Q: I was pulled over for doing 68mph in a 65mph zone. I passed field sobriety and breathalyzer. They still searched my car

I was pulled over for doing 68mph in a 65mph zone. I passed field sobriety and breathalyzer. They still searched my car and found an open container which I was cited for. They never asked permission. Do they have probable cause although I passed the breathalyzer and field sobriety test?

1 Answer | 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

0 Answers | Asked in Elder Law for South Dakota on
Q: Pending Medicaid application for my mom who is in a nursing home. Wondering about Family Care Contracts, as I drive her

My car is older, is starting to need repairs and I drive a little over an hour one way to take her to the appointments. It is a necessity due to her not being a great historian anymore for her medical history and starting memory issues and she needs help with mobility, and she needs a wheelchair... View More

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

0 Answers | Asked in Criminal Law for South Dakota on
Q: Is there just a one time fee for simple advice today?

Criminal Matter

0 Answers | Asked in Family Law for South Dakota on
Q: My ex-girlfriend and I own a home together. She has not lived in the home for over 10 years. I got married 6 years ago.

My ex is demanding that my wife pay her rent now under the homestead act. Is this something that she can do.

0 Answers | Asked in Family Law for South Dakota on
Q: My ex-girlfriend and I own a home together. She has not lived in the home for over 10 years. I got married 6 years ago.

My ex is demanding that my wife pay her rent now under the homestead act. Is this something that she can do.

0 Answers | Asked in Family Law for South Dakota on
Q: Does a co-habitation law exist in South Dakota?

I have been living with a man for 12 years and now he wants me to quit working (retire). I do not have enough money to retire but he says he has plenty of money for us to live on. Is this wise given the fact we are not married and can kick me out at anytime as he is the sole owner of his home.

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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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

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