I have a case, but it is not in Sioux Falls, SD. Can you still help me?
Yes. We are licensed to practice anywhere in South Dakota.
Detectives of police officers have contacted me and wish to speak with me. What should I do now?
You have the right to remain silent. Before speaking with a detective or police officer you should consult an attorney to help you make this decision.
My case is scheduled for a dispositional conference. What does that mean?
A dispositional conference is essentially a plea negotiation meeting between your attorney and the prosecutor. Often times it is an opportunity to wrap up your case with minimal court dates if there are no outstanding issues. In the event that your attorney and the prosecutor cannot agree on an outcome the case will continue on to the next stage in the process.
How quickly can I get divorced?
Once a divorce petition has been filed, South Dakota law requires a 60 day “cooling off period” before a divorce can be finalized.
How much does it cost to hire a lawyer (attorney)?
Each case is different. We offer free consultations and discuss fees and payment options with you on a case by case basis.
Do I have to provide law enforcement with a urine sample (UA) or blood sample?
No. You do not have to provide law enforcement with a urine sample (UA) or blood sample. In some cases, law enforcement may seek and obtain a warrant for a sample of your blood or urine, but you are not required to consent if a warrant has not been issued.
Do I have to allow law enforcement to search my phone or other electronic device?
No. You do not have to consent to the search of your phone or other electronic device. In some cases, law enforcement may seek and obtain a search warrant for your phone in which case they will be able to take your phone or electronic device to conduct a search, but you are still not required to provide them with the passcode or security code for your device.
I was injured in an accident. What compensation may I be able to collect?
For personal injury cases, you may be entitled to compensation for medical bills, property damage, pain and suffering, lost wages, loss of future earning capacity, permanent injury or disability, and mental or psychological trauma.
Can I be charged with a DWI or DUI when I was not driving?
Yes, a person can be charged with a DWI or DUI even if they were not driving, as long as he or she had physical control of a motor vehicle. A determination regarding whether or not a person was in actual control of a motor vehicle can be very complex, and it is advisable that you contact an attorney for a consultation specific to the facts of your case.
If my driver's license is revoked or suspended as a result of conviction, will I be able to obtain a restricted driving permit or work permit?
In most cases, you will be able to obtain a restricted permit for school and work related purposes. In order to obtain a restricted permit, the judge must authorize a restricted permit at sentencing, you must have a valid driver’s license when you are sentenced, and you must provide valid proof of car insurance. You may also be required to complete a court approved alcohol education or treatment program and comply with the 24/7 sobriety program in order to obtain a restricted permit, depending on the offense that caused you driver’s license to be revoked or suspended.
I have been served with a temporary protection order. What do I do now?
First and foremost, it is absolutely essential that you follow the terms and conditions of the protection order. If you violate a term or condition of the protection order, you can be charged with a criminal offense. Typically, the protection order prohibits contact of any kind with the individual(s) who obtained the protection order, even if they initiate the contact. We can help to explain the process and ensure that you are protected.
What happens if I do not attend my protection order hearing?
If the petitioner (the person that filed for a protection order) does not go to the protection order hearing, the case will be dismissed and the temporary protection order against the respondent will be cancelled. If the respondent (person whom the protection order is being sought against) does not attend the protection order hearing, it will result in the Court granting the petitioner a protection order against the respondent by default (assuming that the petitioner appears and requests a permanent protection order).
What happens if I do not attend my criminal court date?
In South Dakota, it is crime to miss a scheduled court date. There are two primary consequences for missing a scheduled court date. First, a bench warrant for your arrest will be issued. Second, the State can file a new criminal charge commonly referred to as failure to appear. A failure to appear charge can be either a felony or a misdemeanor. If you missed a court date for a felony level offense, you could be charged with felony failure to appear, but if the court date you missed was for a misdemeanor level offense, you could only be charged with a misdemeanor failure to appear. (See SDCL 23A-43-31).
Can my lawyer attend my criminal court date for me?
In South Dakota, if you have been charged with a misdemeanor level offense, your lawyer can often times appear for you if you are unable to attend a court date, but you must speak to our lawyer to determine if the court date in question is one for which the lawyer is allowed to appear for you. If you have been charged with a felony, you MUST be present for all court appearances. A lawyer cannot appear for his or her client at any felony hearing or court date.
My case is scheduled for a preliminary hearing. What does that mean?
A preliminary hearing is scheduled for all felony charges. The purpose of a preliminary hearing is to ensure that the State has at least enough evidence, whether that evidence is tangible, circumstantial, or testimonial, to take your case to trial. If your case is bound over at a preliminary hearing, it does not mean that you are guilty. It simply means that the judge has determined that the State has presented at least enough evidence to support their theory of the case against you. At this point in the proceedings, you are still presumed to be innocent.
My case was indicted. What does that mean?
When your case is indicted it means that the State has presented the case against you to the grand jury (6 to 12 residents of the county where the crime is alleged to have been committed) and the grand jury has determined that the State has
presented at least enough evidence to support their theory of the case against you. At this point, you are still presumed to be innocent and will move onto the next stage in the process.
DISCLAIMER: The law will vary depending on your state and the specifics of your case. The information provided on this website is intended for educational purposes only. All the content on this website should not be considered professional legal advice or a substitute for professional legal advice. For such services, we recommend getting a free initial consultation by a licensed Attorney in your state.