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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
A drunk driver hit me after passing a red light. I went to the doctor and said everything seems good on xrays, but gave me muscle relaxers and steroids for pain. After weeks from the accident, my chest keeps hurting. His insurance wants to settle $2500 for me including loss of income, and $7500 for... View More
answered on Jan 15, 2024
Yes.
First, if you are still in pain, you should consider further medical care.
Second, you do not have to accept that offer.
I am a personal representative for my father's estate. my city is suing my brother, the family business and my father's estate regarding a building we are in the process of demoing. Can I appear as the representative or do we need a lawyer to represent the estate?
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answered on Jan 10, 2024
In South Dakota, as in many states, a personal representative of an estate generally cannot represent the estate in legal proceedings unless they are a licensed attorney. This is because appearing in court and advocating on behalf of an estate is considered the practice of law, and non-attorneys... View More
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answered on Dec 28, 2023
In South Dakota, when you file a federal lawsuit, you typically have 90 days to serve the summons and complaint to the defendants. This period allows sufficient time to notify the defendants about the legal action brought against them. Proper service is crucial for the court to proceed with the... View More
Wondering what steps we can take to get our $1000 deposit back. We have given them 3 weeks to return it or to give us reason they would need to keep it. We have received none of that. Is small claims the next step to take? Or are there other options or additional legal recourse we can take.
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answered on Dec 27, 2023
In South Dakota, if it has been three weeks since the end of your lease and your $1000 deposit has not been returned, you may consider pursuing legal recourse. First, document all communication regarding the deposit return, including any requests and the landlord's responses. If you have... View More
Is it legal for them to refuse to give me credit for this "new" material?
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answered on Dec 20, 2023
If you purchased a license for a product from a company in South Dakota, and they are discontinuing it while introducing a similar one called "Validated," whether they are legally required to provide you with credit for the new material depends on the terms of the original license... View More
I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.
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answered on Dec 19, 2023
When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could... 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
he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and... View More
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answered on Nov 7, 2023
To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and... View More
Husband was a Army Vet. She even got his flag I feel so disrespected.i
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answered on Oct 26, 2023
I'm sorry for your loss and the difficult situation you're facing. If an injunction has been filed in Tribal Court, it's essential to respond to it and ensure your rights and interests are protected. Since this is a matter in Tribal Court, the proceedings might differ from state or... View More
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answered on Oct 22, 2023
he Social Security Administration (SSA) has specific income limits for individuals receiving disability benefits. If you exceed these limits due to work, the SSA may consider you as performing "Substantial Gainful Activity" (SGA). If the SSA determines that you were engaging in SGA during... View More
My credit is shot so don't think I can refinance. some one suggested to file bankruptcy. As I red up on bankruptcy it said u can't include second mortgages in bankruptcy. Is that true?? Is there a way around it? What else can I do if I can get a loan to refinance or anything?
answered on Sep 15, 2023
Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.
An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be... View More
Current state NC, husband in agreement
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answered on Sep 11, 2023
While it's possible to establish residency in South Dakota relatively quickly, moving there for a weekend solely for the purpose of filing for divorce may not be straightforward or advisable in all cases. The specific requirements for residency to file for divorce can vary from state to state,... View More
I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the... View More
answered on Sep 20, 2023
A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could... 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.
answered on Aug 19, 2023
I am not licensed in South Dakota and I am not going to peruse the criminal statutes looking for the specific crimes that a parent could face for abandoning a child on the interstate, but I bet even in South Dakota it against the law. Of course, other details would help access the situation.... View More
Was hired during covid, that's why the employee got away with working somewhere else. But it can't be okay that they promote the other location at ours. Also, a lot of supplies have gone missing at our location.
answered on Jul 31, 2023
A South Dakota attorney could advise best, but your question remains open for three weeks. It may have gone unnoticed under the Business Law and Business Formation categories. Non-compete agreements are something that employment law attorneys are knowledgeable with. Not all questions here are... View More
There were no drugs found in the car, no drugs found in the driver's system, he blew a .02, after having a beer about a half hour earlier, he's over 21. The highway patrol stayed in the hospital until all drug and alcohol tests performed, was given the negative results immediately. The... View More
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answered on Jul 14, 2023
Law enforcement can obtain a search warrant for a cell phone if they believe it contains evidence related to the accident or other criminal activity. They need to demonstrate probable cause to a judge to obtain the warrant. If you have concerns, consult with a lawyer for guidance based on your... View More
answered on Apr 20, 2023
Check your county's court website and see if they have any local forms that are required or acceptable. In Riverside County, the court has a local form that provides for all of the needed information. (You could always go to their website and pull the local form for your pleading paper... View More
answered on Apr 2, 2023
A will is a relatively simple legal instrument that a reasonably intelligent person ought to be able to prepare on their own without a problem.
Nevertheless, we frequently see situations where a reasonably intelligent person has botched one. I just handled a probate for a man who botched... View More
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