If you want to travel and take your weapon with you, then it’s a good idea to know the laws that will apply to you while you do. Depending on where you plan to go, you may be able to take your gun without violating any state or federal laws. In some states, though,...
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Criminal Defense
What should I say at a traffic stop?
If the police pull you over, you may feel like there is nothing you can do to change the traffic stop outcome. You may be surprised to learn that your actions during a traffic stop can help shape the outcome in your favor. When something like DUI charges is on the...
A criminal conviction could permanently limit your right to own a gun
If you've been charged with a crime, you may be eager to take what seems like a golden opportunity: A plea deal with probation instead of jail. Unfortunately, a plea deal's long-term consequences may be somewhat unexpected because most people don't realize that a plea...
Do I have to consent to a search?
If you have an encounter with the police, they may want to conduct a search. They could ask to search your car after a traffic stop, for example, or to search your home after knocking on the front door. Do you have to consent to this search or not? Your rights You do...
Study shows significant racial disparity in misdemeanor arrests
Regular readers of our Sioux Falls Criminal Defense Blog might recall a post we published in late July about a study that found “extreme racial disparities in marijuana possession arrests.” The ACLU report stated that “Black people are 3.64 times more likely than...
Understanding your Miranda rights
From the moment you encounter the police, your rights are at risk. This is not because a police officer is behaving unethically. Often the violation of someone's rights occurs when police act hastily or are overwhelmed with circumstances related to a crime. This is...
Field sobriety tests are optional for good reason
As you drove home after having a couple of drinks with friends, you saw flashing blue and red lights in your rearview mirror. You may have wondered what you did to draw the attention of the police officer as you pulled over.After asking the officer what you did, he or...
The details about national (and South Dakota) prison exonerations
Wrongful convictions are an unfortunate, but common occurrence handed down by the United States justice system. While the mantra has always been “innocent until proven guilty,” for some parties, it felt like and resulted in the opposite – “guilty until proven...
Are violent crime rates on the rise or on the decline?
Crime rates in the U.S. have experienced a significant shift over the past 30 years. Specifically, violent crime rates have faced varying changes over recent years. FBI statistics report a 49% national decrease in violent crime rates between 1993-2017. Domestic...