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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
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
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
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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.
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
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
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.
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
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.
Said all natives and forineners should die
answered on Jul 21, 2019
Thank you for sharing.
Hope you reported it to the police and your employer
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
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.
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