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I am being charged with a Class 4 felony in Minnehaha County, Sioux Falls, South Dakota. I have concerns about a conflict of interest because the same judge has sentenced me in 4 out of 5 of my criminal hearings, and he is assigned to my current veterans court case as well. Although he has been... View More 
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answered on Mar 20, 2025
The proper time to remove a judge you suspect is biased is prior to conducting a trial. You should also raise this issue before the judge rules on any substantive motions. Your lawyer can draft an affidavit for a change of judge and have you sign it. The lawyer then will ask the judge to recuse... View More
We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More
answered on Feb 15, 2025
I am so sorry that this is happening to your business. I have not reviewed the patent nor done any analysis on this, but just looking at the claims in view of your questions, here are a few comments that may be relevant.
(1) Manufacturing of fabrics has been around for millennia. There... View More
We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More
answered on Feb 12, 2025
U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, and each claim has a different scope.... View More
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 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
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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
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
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
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
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
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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... View More
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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
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
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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... 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
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
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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
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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... View More
Federal civil lawsuit against a city can their attorney represent a 3rd party person (towtruck owner) in this lawsuit
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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
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
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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
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