Your Miranda rights include two of the most valuable protections when in the custody of law enforcement agents. Your right to remain silent helps protect you from aggressive interrogation efforts. When you don't speak, you don't have to worry about falling victim to...
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Assault
Are you facing DUI charges because your drink was spiked?
There is some debate about the criminalization of those who choose to put substances in their body. However, there is little disagreement that it is immoral to intoxicate someone without their consent. Drink spiking has become increasingly common in recent years,...
Can you be charged for possessing a stolen firearm?
There has been a recent spate of crime in your area. Multiple burglaries and armed robberies have occurred in recent months, and you’re concerned for the safety of your family. You’ve decided to purchase a firearm just in case you ever need to protect yourself. The...
What constitutes an illegal police search?
In South Dakota, all citizens are expected to adhere to both state and federal laws. This included police officers. While police officers have a difficult job in enforcing the law, they are not allowed to act inappropriately in the course of their duties. This is...
Fabricated evidence should not be used against you
If you’ve been arrested and later charged with a criminal offense, this means the prosecution has some evidence against you. Some might think this makes the case a slam dunk, but that simply isn’t true. There is a reason why trials take place. This allows the jury to...
When does defense become an act of violence?
You may know that a good defense to accusations of domestic violence or assault is to show that you were the victim and had to defend yourself. That being said, there is a point at which your defense will be considered violence or assault, too, if you go too far. The...
Drug possession defenses to consider in South Dakota
If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. If law enforcement officers didn’t follow the law or protect your rights before, during or after your arrest, it may be possible to challenge...
What is the importance of the per se limit?
The per se limit for alcohol consumption is the limit at which all people are considered too impaired to drive. This limit was put into place to make sure that those who are impaired can be removed from the roads and arrested for drunk driving. The per se limit is the...
Protect yourself and your rights if this isn’t your first offense
Driving while impaired in South Dakota can quickly lead to you having problems with the law. If this is a recurrent issue, now may be a good time to consider alternative penalties and options such as substance use disorder treatment. Sometimes, opting into treatment...
Potential penalties for getting a DUI on a motorcycle
You likely look forward to hitting the open road if you ride a motorcycle, especially as the weather gets warmer. While there’s plenty of beautiful landscape to enjoy as you ride through South Dakota, there’s also something to remember – if you choose to drink and...