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South Dakota Questions & Answers
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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1 Answer | Asked in Social Security for South Dakota on
Q: What if an attorney to help you with your SSDI took the 6,000 took your files and abandoned you and retired?

This happened in South Dakota I cannot get my files back he took a $6,000 and abandoned me and retired didn't tell me lied to me and I cannot find my files which are in some storage shed somewhere he was an attorney for many many years in Watertown South Dakota and I'm not going to stop... View More

James L. Arrasmith
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answered on Mar 17, 2024

In situations like yours, it's crucial to first reach out to the local bar association in South Dakota for guidance and assistance. They can provide you with advice on how to proceed, including whether you can file a complaint against the attorney for professional misconduct. They may also... View More

1 Answer | Asked in Trademark and Intellectual Property for South Dakota on
Q: IF A COMPANY HAS THER FEDERAL TRADEMARK "MR.TIRE" , AM I INFRINGING IT BY USING THE NAME "MR TIRE AND/& SERVICE"?
James L. Arrasmith
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answered on Mar 11, 2024

The answer depends on several factors, and a definitive conclusion would require a thorough legal analysis by an intellectual property attorney. However, here are some general considerations:

1. Similarity of the marks: "Mr.Tire" and "Mr Tire and Service" are very...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Car Accidents for South Dakota on
Q: What happens if I didn't waive my right to a speedy trial and its been over 90 days?

Does case become dismissed?

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation and Civil Rights for South Dakota on
Q: Can a city's insurance attorney represent a towtruck owner hired by the city in a civil lawsuit

Federal civil lawsuit against a city can their attorney represent a 3rd party person (towtruck owner) in this lawsuit

James L. Arrasmith
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answered on Feb 26, 2024

Typically, a city's insurance attorney would represent the interests of the city in legal matters, including civil lawsuits. While it's possible for an attorney to represent multiple parties in certain circumstances, there may be conflicts of interest that prevent them from representing a... View More

1 Answer | Asked in Criminal Law and Constitutional Law for South Dakota on
Q: Does a restoration of firearm rights in Minnesota transfer over to South Dakota?

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

James L. Arrasmith
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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

1 Answer | Asked in Communications Law for South Dakota on
Q: On my cell phone. Is it legal for me to record all my incoming & outgoing calls?
T. Augustus Claus
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answered on Feb 9, 2024

In South Dakota, it is generally legal to record your own telephone conversations if you are one of the parties involved in the call. South Dakota law follows the federal wiretapping statute, which is a "one-party consent" law. This means that at least one party involved in the... View More

1 Answer | Asked in Contracts, Car Accidents and Insurance Bad Faith for South Dakota on
Q: in exclusions, "due and confined to" "wear and tear" and "freezing", means wear items are not covered. Are nw items cov?

We had a rare weather event where it got extremely cold for 3 days and the car sat outside (not confined) and im not sure what happened but now the car is leaking all the oil and antifreeze out of it. The car was not in use when this happened and has not had and mechanical failure, nor any wear... View More

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

A South Dakota attorney could advise best, but your question remains open for a month. It looks like the policy excludes damages from freezing, which sounds like the source of damages here. You could review the policy and get the opinion of a mechanic. Good luck

1 Answer | Asked in Civil Rights and Criminal Law for South Dakota on
Q: Is medical neglect while in county jail a possible case worthy of taking action. I almost died from my diabetes and cops

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights, Collections, Identity Theft and Small Claims for South Dakota on
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 read above 500 when they were below 30. I am under a watchful eye by the local authorities and the people who benefit from... View More

James L. Arrasmith
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answered on Jan 30, 2024

The situation you describe raises serious concerns regarding the treatment you received while in custody, and the subsequent impact on your life. It's important to understand that everyone has the right to proper medical care and humane treatment, especially when in the custody of law... View More

1 Answer | Asked in Criminal Law and Domestic Violence for South Dakota on
Q: What can I (victim) do to drop Agg. Assault domestic charge dropped on BF?

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

Todd B. Kotler
Todd B. Kotler
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

2 Answers | Asked in Car Accidents for South Dakota on
Q: Can I go for more money?

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

Joel Gary Selik
Joel Gary Selik
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.

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