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Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag

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.

James L. Arrasmith
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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

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

J. Scott James
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J. 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, Communications Law and Constitutional Law for South Dakota on
Q: I need law help on behalf of my friends rights getting violated against of the union county south dakota jail staff
Adam Bryson
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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.

1 Answer | Asked in Copyright for South Dakota on
Q: I'm high school student and my friends are gonna put a picture of my face on a shirt without my consent.

They're not gonna sell it. They're just gonna wear it.

James L. Arrasmith
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answered on Oct 28, 2024

I understand that you're concerned about your friends putting your picture on a shirt without your consent. It's completely reasonable to feel uneasy about this situation.

In general, using someone's image without their permission can raise issues related to privacy and...
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1 Answer | Asked in Criminal Law and Traffic Tickets for South Dakota on
Q: received a court summons for reckless driving I performed a wheelie on a motorcycle. What punishments am I looking at?

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

Adam Bryson
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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).

1 Answer | Asked in Real Estate Law, Tax Law and Banking for South Dakota on
Q: How do you escheat real estate?

I have customer that has purchased Real Estate through an IRA. We have not had contact in several years, she is over the age of 73. What/how would we go about escheating this account?

James L. Arrasmith
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answered on Sep 30, 2024

When dealing with an unclaimed IRA holding real estate, you'll first need to verify if the account holder is truly unreachable and has not been responsive. Check the last known contact details and send formal notices. If no response is received, you may need to follow the unclaimed property... View More

1 Answer | Asked in Communications Law and Internet Law for South Dakota on
Q: I’m in SDak and a new age verify bill bans some sites and shows me located in TX, not sodak so how do I verify my age?

I am unable to find any sort of way to verify my age anywhere

James L. Arrasmith
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answered on Aug 31, 2024

If you're in South Dakota and trying to access a site that requires age verification, but it shows you as being in Texas, this might be due to an issue with how the website is detecting your location. Some sites use your IP address to determine your location, and if your internet connection... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Dakota on
Q: Can a lawyer represent a client in a different state?

This is a malpractice case in South Dakota, are you able to take a case in SD?

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2024

A South Dakota attorney could advise best, but your question remains open for four weeks. They can, but it generally involves working with local counsel and filing a motion. Attorneys usually practice in the state they're licensed in with most types of common cases. From your question, it... View More

1 Answer | Asked in Civil Rights for South Dakota on
Q: disabled army, veteran, FHA and ADA rights being violated by Pennington county and Meade county. Landlords stole ESA cat

Victim of domestic violence, Hud Vash participant being evicted. Housing Authority requesting medical information since didn’t give authorization refused payment to my landlords. I believe I’m part of programs that I was not given informed consent about because they were government employees I... View More

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you're dealing with a complex and difficult situation involving multiple violations of your rights. As a disabled army veteran, it's crucial to ensure your rights are protected under the FHA and ADA. Landlords should not discriminate against you, especially due to your... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Dakota on
Q: Is an indigent appointment of counsel required to advocate for the defendant, and work for his client's desired outcome?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for South Dakota on
Q: I have become executor of will and have acquired my father's house. Can I let it go back to the bank with all the stuff

Can we leave all the stuff in the house and let it go back to the bank?

David R Hansen
David R Hansen
answered on Jun 26, 2024

Hello,

Thank you for the inquiry. Generally under SDCL 29A-3-703, a personal representative (aka executor) of an estate in South Dakota has a fiduciary duty to preserve the assets and act in the best interest of the estate. It is difficult to know how this may apply to your specific...
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1 Answer | Asked in Contracts, Car Accidents and Insurance Bad Faith for South Dakota on
Q: in exclusions, "due and confined to" "wear and tear" and "freezing", means wear items are not covered. Are nw items cov?

We had a rare weather event where it got extremely cold for 3 days and the car sat outside (not confined) and im not sure what happened but now the car is leaking all the oil and antifreeze out of it. The car was not in use when this happened and has not had and mechanical failure, nor any wear... View More

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

A South Dakota attorney could advise best, but your question remains open for a month. It looks like the policy excludes damages from freezing, which sounds like the source of damages here. You could review the policy and get the opinion of a mechanic. Good luck

2 Answers | Asked in Car Accidents for South Dakota on
Q: Can I go for more money?

A drunk driver hit me after passing a red light. I went to the doctor and said everything seems good on xrays, but gave me muscle relaxers and steroids for pain. After weeks from the accident, my chest keeps hurting. His insurance wants to settle $2500 for me including loss of income, and $7500 for... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 15, 2024

Yes.

First, if you are still in pain, you should consider further medical care.

Second, you do not have to accept that offer.

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1 Answer | Asked in Business Formation, Business Law and Native American Law for South Dakota on
Q: how can i protect my self from someone who is writing my grants for my treatment

he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and... View More

James L. Arrasmith
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answered on Nov 7, 2023

To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and... View More

1 Answer | Asked in Native American Law for South Dakota on
Q: My husband passed away October 7 2023 his half sister filed an injunction in Tribal Court in Pine Ridge South Dakota.

Husband was a Army Vet. She even got his flag I feel so disrespected.i

James L. Arrasmith
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answered on Oct 26, 2023

I'm sorry for your loss and the difficult situation you're facing. If an injunction has been filed in Tribal Court, it's essential to respond to it and ensure your rights and interests are protected. Since this is a matter in Tribal Court, the proceedings might differ from state or... View More

1 Answer | Asked in Social Security for South Dakota on
Q: i got to repay ssa for my disability while i worked in 2022. why do i have to repay the entire monthly payment?
James L. Arrasmith
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answered on Oct 22, 2023

he Social Security Administration (SSA) has specific income limits for individuals receiving disability benefits. If you exceed these limits due to work, the SSA may consider you as performing "Substantial Gainful Activity" (SGA). If the SSA determines that you were engaging in SGA during... View More

Q: Is it still a lost cause if bad faith is against all insureds employes under your employer's policy?

I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2023

A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could... View More

2 Answers | Asked in Bankruptcy for South Dakota on
Q: I got a letter from my second mortgage saying I need to make a ballon payment soon. No way I can afford it or even close

My credit is shot so don't think I can refinance. some one suggested to file bankruptcy. As I red up on bankruptcy it said u can't include second mortgages in bankruptcy. Is that true?? Is there a way around it? What else can I do if I can get a loan to refinance or anything?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 15, 2023

Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.

An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be...
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1 Answer | Asked in Divorce and Family Law for South Dakota on
Q: Can you move to south Dakota for a weekend to file for divorce there?

Current state NC, husband in agreement

T. Augustus Claus
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answered on Sep 11, 2023

While it's possible to establish residency in South Dakota relatively quickly, moving there for a weekend solely for the purpose of filing for divorce may not be straightforward or advisable in all cases. The specific requirements for residency to file for divorce can vary from state to state,... 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

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