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...
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How does South Dakota’s 24/7 Sobriety Program work?
Driving under the influence (DUI) is a common criminal offense. Not only is it a common criminal mistake to make, but it is also a mistake that people tend to make more than one time. Drunk driving charges have some of the highest recidivism rates, sometimes because...
Can a homeowner brandish a weapon on their property in South Dakota?
South Dakota has some of the least restrictive gun laws in the country. The state allows open carry by anyone over age 18 who can legally possess a firearm, and permits to carry a concealed pistol are relatively easy for qualified applicants to get. The state does not...
Can intoxication serve as a defense to assault charges?
You were out drinking with your friends or just grabbing a beer after work. All of the sudden, someone started arguing with you. One thing led to another, and you ended up throwing a punch. Unfortunately, someone else called the police, so you wound up arrested and...
Happy Hour drinks? Beware of a DUI
A lot of people enjoy Happy Hour. Co-workers might get off work to have a drink or two together, or college-aged students might meet up to drink to let off steam once they’re old enough. For the most part, Happy Hour is safe because the idea is that you have a drink,...
South Dakota, other states, decriminalize some drugs, legalize others
If you have ever been caught with drugs, then you may be interested in how this year’s election has affected drug laws in South Dakota and other states since the changes in other states will potentially influence your own in the future. 2020 has been a year of drug...
What are Miranda Rights and do they apply during a DUI stop?
If law enforcement stops you on suspicion of driving under the influence of alcohol, how should you respond when the officer begins asking questions? You have heard about Miranda Rights, but what exactly are they? Do these “rights” always play a role in an arrest for...
5 things to do if you are suspected of DUI
There is no doubt that the best way to avoid a DUI conviction is not getting behind the wheel when you have consumed alcohol. Still, many people are pulled over under suspicion of drinking and driving for a variety of reasons. Officers must have probable cause to stop...
How do domestic violence allegations impact a family law case?
Criminal charges or allegations of any sort can upend your life. But they can be especially damaging when they concern people in your own home. Domestic violence accusations and charges regularly lead to protective orders and often spur divorce and child custody...
S.D. greenlights recreational pot, but users should pump brakes for now
South Dakota voters amended the state constitution to legalize the recreational use of marijuana. They also ordered legislators to regulate medicinal pot and the sale of hemp next year. Still, police can bust smokers. The amendment goes into effect July 1, 2021, as...