A protective order or protection order in South Dakota is the same thing as what people refer to as a restraining order in other states. Someone who has experienced domestic violence, intimate abuse or stalking can ask the courts to grant them a protective order. This...
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Drug Charges
Why isn’t ignorance of the law an excuse?
Imagine that you get arrested by the police, and you’re completely amazed. You had no idea that what you were doing was illegal, you never dreamed you would be arrested, and you wouldn’t have done it if you had known all of that in advance. To you, it seems that you...
Can DUI blood tests be inaccurate?
When you have a blood test taken to test your blood for alcohol, you might think that there is little chance that the test could be wrong. In reality, it is possible for that test to be inaccurate, especially if the sample is not collected correctly. There are a few...
What every defendant should know about their Miranda rights
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...
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...