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South Dakota Questions & Answers
1 Answer | Asked in Criminal Law for South Dakota on
Q: What should I expect in South Dakota for initial modification revocation hearing?

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

Adam Bryson
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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

1 Answer | Asked in Criminal Law for South Dakota on
Q: my daughter punched a kid that was bullying her and now she’s got assault charges. What do I do?

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?

Adam Bryson
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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

1 Answer | Asked in Criminal Law and Civil Rights for South Dakota on
Q: if i turned my vehicle in as stolen and then was arrested I5 days later after it was found and searched for pcs

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

Adam Bryson
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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

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Dakota on
Q: Am I responsible for a lien placed on a home I no longer own? The lien was placed on it three weeks after I closing.

I sold my home. Three weeks later I received a letter from the title company saying that a lien has been placed on my former home from a credit card debt. They also stated I was responsible for taking care of it. I was unaware of the impending lien. From a moral standpoint I know I should pay it... View More

Anthony M. Avery
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answered on Nov 12, 2024

The debt had to become a judgment before it could be used as a lien. Remember getting sued? You may be able to set aside the judgment, but you would still be possibly owing the debt. Apparently noone recorded the deed you signed until after the lien attached. If you signed a warranty deed,... View More

1 Answer | Asked in Criminal Law for South Dakota on
Q: How should I get my restricted work permit for the 2nd time when I finished my probation period and the case is sealed?

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

Adam Bryson
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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

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, 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

2 Answers | Asked in Bankruptcy for South Dakota on
Q: I and my ex went through a chapter 7 bankruptcy in 1996. If I pay off a bank card now will I owe everyone else?

When my ex and I filed chapter 7 in 1996 it included a credit card dept from our credit union. They said at the time if we ever wanted to bank there again we'd need to pay off the debt. I and my son want open joint accounts there now, but my landlady says if I repay a debt from the bankruptcy... View More

James L. Arrasmith
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answered on Jun 19, 2024

No, your landlady is mistaken. Paying off a debt that was discharged in a Chapter 7 bankruptcy will not reactivate the other debts that were also discharged in that bankruptcy.

When you received a discharge in your Chapter 7 bankruptcy in 1996, it permanently eliminated your legal...
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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 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 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 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 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

1 Answer | Asked in Civil Litigation, Civil Rights, Estate Planning and Real Estate Law for South Dakota on
Q: Can a personal representative of an estate appear for the estate in a proceeding in Third Judicial coUrt in South Dakota

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?

James L. Arrasmith
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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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