The United States modern criminal justice system does little to help people struggling with serious mental health and addiction issues. Instead of offering support, our system is designed to incarcerate away addiction. Drug and DUI courts are specialty courts that...
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Sioux Falls Criminal Defense Blog
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...
How do the South Dakota police decide who to arrest in a domestic violence dispute?
Allegations of domestic violence often stem from mutual confrontations rather than overt abuse. In a domestic abuse scenario, one spouse attacks first by verbally belittling the other. Intense fights between intimate partners or spouses can easily sound like domestic...
Legislation seeks to expand domestic violence gun restrictions
If someone accuses you of domestic violence, it could result in restrictions to your gun rights. Current federal legislation restricts you from owning a gun if convicted of domestic violence against a domestic partner, such as a spouse. Newly proposed legislation...
Can you turn around to avoid a DUI checkpoint in South Dakota?
Dealing with the police could throw you off your schedule or stress you out at the worst possible time. You don't have the option of choosing when a police officer pulls you over for something they perceive as a traffic violation. You will have to pull your vehicle...
Amendment A and Initiated Measure 26 make the news again
If you reside in the state of South Dakota, you have likely heard about Amendment A and Initiated Measure (IM) 26. Both measures revolve around the legalization of marijuana in the state. IM 26 centers on legalizing medical cannabis, while Amendment A proposes...
The suspended imposition of a sentence can help you bounce back
Drunk driving allegations can involve significant penalties. Even a first-time offense can mean the loss of your license, massive fines and even as much as a year in jail. Altogether too many driving while intoxicated (DWI) defendants make the inaccurate assumption...
What is rebuttable presumption?
When you were stopped and accused of driving while intoxicated, you thought that the case would resolve itself. You knew that you weren’t impaired, and you thought that the Breathalyzer test that said you were would be found to be faulty. So far, that hasn’t happened....
Can a domestic violence victim drop the charges against their alleged abuser?
A domestic violence charge means that you need to explore all the defense options that are possible for your case. While you’re doing this, you may wonder if you can convince the victim in the case to drop the charges. It might seem like that would be an easy way to...
A DUI can be a wakeup call
It's easy to indulge in unhealthy habits. For example, if you have had a tough year, you may excuse your regular drinking as a way to wind down -- something you deserve as a way to deal with the stress that you have been under. It is likely that you will continue...