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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 
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
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
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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
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
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?
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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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answered on Dec 28, 2023
In South Dakota, when you file a federal lawsuit, you typically have 90 days to serve the summons and complaint to the defendants. This period allows sufficient time to notify the defendants about the legal action brought against them. Proper service is crucial for the court to proceed with the... View More
Wondering what steps we can take to get our $1000 deposit back. We have given them 3 weeks to return it or to give us reason they would need to keep it. We have received none of that. Is small claims the next step to take? Or are there other options or additional legal recourse we can take.
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answered on Dec 27, 2023
In South Dakota, if it has been three weeks since the end of your lease and your $1000 deposit has not been returned, you may consider pursuing legal recourse. First, document all communication regarding the deposit return, including any requests and the landlord's responses. If you have... View More
Is it legal for them to refuse to give me credit for this "new" material?
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answered on Dec 20, 2023
If you purchased a license for a product from a company in South Dakota, and they are discontinuing it while introducing a similar one called "Validated," whether they are legally required to provide you with credit for the new material depends on the terms of the original license... View More
I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.
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answered on Dec 19, 2023
When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could... 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
I live in Deadwood, South Dakota, and have rented a single room under an oral agreement for four years. Recently, a new owner and property manager issued a lease agreement for the building, affecting approximately 20 units. I'm concerned about two clauses in this new lease:
1. The lease... View More
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answered on Apr 13, 2025
The terms in your new lease could potentially violate tenant rights, especially regarding the police call clause. In South Dakota, as in many other states, tenants are generally protected from eviction for calling law enforcement in situations of personal safety, even if those calls are unrelated... View More
I've allowed a person to stay on my property verbally, but there is no formal written agreement. She has previously paid some money but cannot pay now and doesn't work. The situation has become unsafe as she is a hoarder and sleeps in a van on my property. How can I legally evict her from... View More
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answered on Apr 13, 2025
To legally evict the person from your property in South Dakota, you'll need to follow the state's laws on eviction, even if there is no formal written agreement. Since you verbally allowed her to stay, she may be considered a tenant under what’s called a "verbal lease." The... View More
I am planning to record phone calls and video chats. Can you tell me about the laws in South Dakota regarding consent requirements and legal considerations for doing so?
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answered on Apr 13, 2025
You're smart to check the law before hitting "record"—it’s not just about ethics, it’s also about protecting yourself. In South Dakota, the law follows what’s called a **"one-party consent"** rule. This means you can legally record a phone call or video chat **as... View More
I'm trying to help my husband appeal his conviction for aggravated assault on a law enforcement officer in South Dakota. He was charged after unintentionally bumping an officer's elbow while driving away during a traffic stop. We feel the conviction was unjust as there was no intent to... View More
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answered on Apr 13, 2025
To appeal your husband's conviction, the first step is to file a notice of appeal with the South Dakota Supreme Court or the Court of Appeals, depending on the specifics of the case. You will typically have 30 days from the conviction or sentencing to file this notice, so it’s important to... View More
I have been living at a property under a verbal agreement for over five years, where I provided work in lieu of paying rent as I am attempting to secure disability. My landlord is now wrongfully evicting me and has repeatedly locked me out from my belongings, despite a deputy advising him against... View More
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answered on Apr 12, 2025
Your landlord's actions may constitute wrongful eviction, especially if you have a verbal agreement and have been living there for five years. In South Dakota, even without a written lease, tenants have rights, and the landlord cannot legally lock you out or withhold your belongings without... View More
I am being charged with two counts of possession of narcotics, maintaining a place where drugs are sold, and intent to distribute. The situation began when I was moving out of a hotel room after a disagreement with housekeeping and management. Housekeeping entered my room three hours before... View More
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answered on Apr 10, 2025
Your question has multiple parts, so I'll start with the easiest part. The 4th Amendment does not provide protection against the actions of private individuals, so the photos from housekeeping are permissible. The search by the police officer sounds problematic based on your description.... View More
I want to file a lawsuit against my daughter's school in South Dakota. My daughter was sexually assaulted by a teacher, and the school refuses to help with the investigation or restrict the teacher's access to her. Several other girls have also reported similar incidents to the school,... View More
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answered on Apr 1, 2025
Your situation warrants immediate legal action under both federal and state laws, including Title IX which prohibits sex discrimination in education and mandates schools to address sexual harassment and assault. You may pursue claims for negligent supervision, civil rights violations, and... View More
I submitted my husband's I-130 two years ago and recently received a Request for Evidence (RFE) asking for more evidence to prove our marriage is bona fide, as I initially applied with only one wedding photo and our marriage license. We have two months before the RFE deadline, and I have... View More
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answered on Mar 20, 2025
You should address the name typo promptly, but it is not a critical error that will derail your case. You have taken the right step by requesting a correction with USCIS, which shows that you are actively managing the issue.
It is advisable to submit the additional evidence along with a... View More
I own a limousine company in South Dakota and was subcontracted by a company from New York to transport flight crews between the airport and a hotel. We arranged payment terms through email, but they are now significantly behind, owing about $80,000 with some payments overdue since August 11th.... View More
answered on Feb 26, 2025
You are wasting your time and effort. Hire a New York based collection attorney to handle the matter.
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answered on Feb 8, 2025
Extraterritorial election disputes involve legal challenges where actions or laws beyond a nation's borders impact its electoral processes. While such cases are relatively rare, several notable instances illustrate the complexities involved, and I suggest that you go to your local law library... View More
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