When a law enforcement officer conducts a drunk driving stop, several critical elements come into play. These concerns are designed to ensure that the stop is lawful and that any evidence of intoxication is accurately assessed. Understanding these elements is...
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South Dakota HB 1025 would perpetuate a dangerous myth
There’s no question that fentanyl is a dangerous drug. Nor is there any doubt that fentanyl has made its way into nearly every community via the illegal drug trade. It’s often mixed with other drugs to provide an additional “punch.” However, HB 1025 would create a new...
Is there a duty to retreat before exercising self-defense in South Dakota?
In most scenarios, it is illegal to make physical contact with another person with the intent to cause them physical harm. Although the law in South Dakota does prohibit violence, there are some scenarios in which violent conduct may be legal. Individuals who have a...
3 things to do if there is an active protection order against you
Couples disagree all the time. But when these disagreements escalate to the point of violence or threats of violence, the government might get involved. In this case, the court may issue a protective order against the aggressive party. If an order of protection is...
3 types of evidence often used in South Dakota DUI cases
People often think of driving under the influence (DUI) charges as open-and-shut criminal cases. They assume that the state has relatively authoritative evidence after arresting someone. However, it is actually possible for many people accused of drunk driving in...
Should you consider a plea bargain?
As the defendant in a criminal case, the prosecution may offer you reduced charges or a lighter sentence in exchange for your guilty plea. For instance, a felony offense could be reduced to a misdemeanor, attracting lesser charges. It’s how plea deals work. While such...
An overview of South Dakota gun laws
South Dakota is a "shall issue" state for concealed carry permits. This means the state must issue a permit to any applicant who meets specific criteria, such as being over 18 years of age and having no significant criminal record. It's important to remember that...
Does the Miranda warning matter during a DUI arrest?
Someone who is pulled over for a driving under the influence (DUI) infraction in South Dakota could face arrest and criminal prosecution. Police officers often screen drivers during traffic stops and after collisions for warning signs of impairment. Once they have...
How college party culture can propel drug crimes among students
College life is a dynamic experience filled with new academic challenges, social interactions and, unfortunately, potential pitfalls. One significant concern that many students face is the intersection of college party culture and the risk of involvement in drug...
What constitutes possession with intent in South Dakota?
When police officers find someone with prohibited drugs in their possession, an arrest will likely follow. The state can prosecute individuals for simply possessing certain substances. However, there are times when prosecutors will choose to file more serious criminal...