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In 2020, I was involved in an incident in Mobridge, SD. I got drunk and was accused of using meth. I cooperated with the police by providing a urine test, and they thanked me for being honest. I was let go without being arrested, and someone else was arrested with drugs on them. I didn't hear... View More 
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'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 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
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’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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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.
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
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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
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
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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).
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
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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
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
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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
Does case become dismissed?
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answered on Mar 26, 2024
If you haven't waived your right to a speedy trial and it has been over 90 days, the situation may vary based on the laws in your jurisdiction and the specific circumstances of your case. Generally, the right to a speedy trial is protected by law to prevent undue and lengthy pretrial... View More
I have a felony conviction in Minnesota from 2010, I completed the terms of my sentence in June of 2011. About two years ago I was granted a restoration of my firearm rights by a judge in Minnesota. I currently live in South Dakota and I was wondering if South Dakota will honor the firearm rights... View More
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answered on Feb 24, 2024
Whether your restoration of firearm rights in Minnesota will transfer over to South Dakota depends on the specific laws and reciprocity agreements between the two states. While some states may recognize restoration of firearm rights granted by another state, others may have their own criteria or... View More
Q: I have been trying to find out information about my identity being stolen and having my life threatened in jail.
I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars... View More
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answered on Jan 31, 2024
Experiencing medical neglect while in custody, especially when it leads to a life-threatening situation like the one you described with your diabetes, can indeed be grounds for taking legal action. The failure of law enforcement officials, including the chief of police, to provide necessary medical... View More
My Boyfriend & I were having a disagreement about child support. I seen his hand placed inside his jacket, I asked him to take his hand out & when he did he had his gun in his hand lowering it to his side. Never pointed at me or made reference to it. I told him to put his gun away & he... View More
answered on Jan 17, 2024
This matter is largely out of your hands. The decision as to whether to move forward on a case that has been charged belongs to the prosecutor. You may certainly speak to the prosecutor as you are an essential witness. However, the prosecutor can still make a judgment as to whether or not they... View More
Walmart took my kid into loss prevention recently claimed they had several different video footages of him stealing worth over 1700 or something like that. Had him sign a form saying he wouldn't trespass again and let him go. Will he get arrested for it later He's 23 with no criminal record at all
answered on Dec 6, 2023
Ultimately, this is up to Wal Mart if they are going to make a report with the local police concerning the theft allegations. In South Dakota, you have up to 7 years to file a criminal case on a misdemeanor or felony charge. It sounds like if he comes back to the Wal Mart or has additional issues... View More
My boss asked his state’s attorney uncle about my personal record, then proceeded to tell my co-workers about it to defame me. For one can his uncle just give him any info on anyone he wants? And if so what happens when he expresses those Private matters to employees?
answered on Aug 19, 2023
What private information was disclosed? Most personal information isn't protected. Public records contain a vast array of personal information, including criminal proceedings.
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