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South Dakota Criminal Law Questions & Answers
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 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 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

1 Answer | Asked in Criminal Law for South Dakota on
Q: Will walmart call cops on my child for stealing with only camera footage, never caught in store

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

Scott James
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Scott James
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

1 Answer | Asked in Criminal Law for South Dakota on
Q: What's the law about leaving your child 16 and then 16 and under on the interstate by themselves and you got arrested
Robert Kane
Robert Kane
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

1 Answer | Asked in Criminal Law, Employment Law, Employment Discrimination and Libel & Slander for South Dakota on
Q: A boss told co-workers about private information about my record, what criminal charge is that?

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?

Robert Kane
Robert Kane
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.

1 Answer | Asked in Criminal Law and Probate for South Dakota on
Q: I’m on felony probation an this last year my dad committed sucide an I lost it my mind didn’t show up for po meeting an

She put warrants out for my original charges if I explain to judge what happen is it possible not to go to prison on a motion to revoke

Mark Ryan Thiessen
Mark Ryan Thiessen
answered on Jan 6, 2020

You can't get the warrant withdrawn all by yourself. Call you attorney and approach in court with him to explain yourself. Expect to be drug and alcohol tested, so be clean. Also bring a death certificate and maybe the funeral information for the Judge. Sorry for your loss.

2 Answers | Asked in Criminal Law, Employment Discrimination and Sexual Harassment for South Dakota on
Q: My coworker who drinks on the job strangel me with his hands

Said all natives and forineners should die

Gary Kollin
Gary Kollin
answered on Jul 21, 2019

Thank you for sharing.

Hope you reported it to the police and your employer

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1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for South Dakota on
Q: travel abroad LPR, misdemeanor for simple possession of 2 oz or less marijuana, 1yr max sentence, inadmissible?

Hello, I am LPR, I am currently a student, I have a misdemeanor for simple possession of 2 oz or less marijuana(Jan 2016), max sentence is 1 year in SD. I received suspended imposition of sentence with no probation. This is my first offense, there is no offense ever since as well. I want to visit... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Mar 12, 2018

Yes. The maximum amount you can possess is 30 grams, and 2oz is closer to 50 grams. If you leave you will likely have trouble returning to the US.

1 Answer | Asked in Criminal Law for South Dakota on
Q: pictures where taken with consent why else could they charge a person with this

persons were in 6 year relationship and have recently split and female is false reporting

Paul Stanko
Paul Stanko
answered on Nov 5, 2016

What is your question?

1 Answer | Asked in Criminal Law and Native American Law for South Dakota on
Q: I was wondering if there is anything I can do to get my felony drug conviction reduced. I have finished my sentence

I was convicted of possession with intent to distribute while I was going to college in Albuquerque NM. The school I was going to was a Federal Native American College. The security guard said he stopped me because "smoke was rolling out of my windows" when I was pulling on to the campus.... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 2, 2015

Probably not at this stage. Perhaps you should have a full discussion with a post conviction relief attorney in Albequerque

1 Answer | Asked in Criminal Law for South Dakota on
Q: I am 17 on A CHINS petition. what are the requirements for it to be void in south dakota
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

You asked this in the criminal law forum. It is not a basic legal question, but one that requires research. Go see a local attorney.

1 Answer | Asked in Criminal Law for South Dakota on
Q: An attorney was requested before agents conducted an interview by the suspect but wasn't allowed and is this a violation

Suspect was pleaded out in return for states evidence and no jail time on counsels' advice but nothing became of it, did do 4month and 3yr probation plus restitution 5,000 is this a violation of right to counsel?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

It is probably too late to complain about this now. But go see a local criminal defense attorney to have a full discussion and figure out what options you might have.

1 Answer | Asked in Criminal Law for South Dakota on
Q: Is there a lawful Reminds office in Sioux falls that could look at un lawful indictments

Husband is in South Dakota state penitentiary who needs help with this case

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 26, 2015

What is a lawful Reminds office? You probably need to go see a criminal defense attorney about this.

1 Answer | Asked in Criminal Law for South Dakota on
Q: Has any wife been convicted in South Dakota of raping her husband?

Has any wife been convicted in South Dakota of raping her husband? My friend is wondering if this has happened as it would give him a good idea of whether to tell his divorce attorney of how his wife keeps sneaking into the house and trying to rape him while he's sleeping.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 25, 2015

Your question requires legal research to answer. He should be willing to tell his attorney about it whether any wife has been convicted or not. Why is it that you are asking instead of him?

1 Answer | Asked in Criminal Law for South Dakota on
Q: what is considered an unlawful condition of a parole officer with regards to a parolee

a no contact order has been implimented via the parole offficer (can have 3rd party contact and it is not court ordered) the individual was found at our residence 9 days after missing a pbt and now has to take up lodging at a location other than our home.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 24, 2015

You are not going to get a list of things that a parole officer cannot do here. That would require a lot of research, it is not just a basic legal question. Hire an attorney for this.

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