Drug charges have a way of derailing a defendant's plans for the future. People often plead guilty in the hopes of securing lenient sentencing, only to face lifelong challenges because they now have a criminal record. They may also be at risk of recidivism or repeat...
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Month: November 2021
Is a claim of mutual combat a defense against assault charges?
Physical violence is typically against the law, especially if people sustain noteworthy injuries as a result of violent acts. Assault charges can follow one party accusing another of an unwarranted attack. They can also arise because other people reach out to law...
When can a DUI offense be classified as a felony?
Driving under the influence (DUI) charges often occur in the wake of technical violations of the law. A driver thinks that they are sober enough to drive, only to realize after a traffic stop that they are not. The vast majority of DUI charges prosecuted in South...
How to move forward after a first-time DUI arrest
For most people, a first-time DUI arrest can be an overwhelming experience that inspires feelings of shock, guilt and fear. In South Dakota, DUI laws are strict, and while a conviction for a first offense is a Class 1 misdemeanor, it can still significantly affect an...
How South Dakota drunk driving laws apply to juveniles
College parties, football games and annual homecoming festivities have one thing in common: plenty of alcohol to go around. Since most students enter college at 18 or 19, driving back to the dorm from these fun college events can end on a sour note if you get pulled...
Why the Fifth Amendment is so important
The majority of people have heard the term “I’ll plead the Fifth”, or something similar. Often, this is used in a light-hearted context, but the origin of the statement is actually quite serious. The Fifth Amendment of the U.S. Constitution protects all citizens from...
Sleeping it off in a vehicle can lead to DUI charges
Many drivers readily acknowledge that they shouldn't get behind the wheel after drinking. Not only is it against the law in South Dakota to drive while chemically impaired, but it is also very unsafe. People concerned about avoiding criminal charges or a preventable...
Recreational marijuana could finally be legalized in South Dakota
If you’re not sure whether it’s legal to possess and use marijuana in South Dakota, it’s understandable. The issue has been complicated over the past few years. A ballot measure to legalize recreational marijuana won in 2020. The following year, however, a judge...
Do you have to answer questions during a traffic stop?
If you get pulled over and the officer suspects that you are impaired in South Dakota, they may ask you if you’ve had anything to drink today. If the reason for the traffic stop was that you were speeding, they may ask you if you know how fast you were driving. In...
What happens to a driver’s abilities after taking edibles?
The use of cannabis-infused edibles has become more common in recent years. These products can be used to facilitate a number of aims, from pain relief to relaxation. Yet, while they are generally “safe” to take in the privacy of one’s home, they pose certain risks if...