Criminal Defense Frequently Asked Questions

Being charged with a crime is one of the most stressful things a person can endure. Even a misdemeanor criminal charge can feel overwhelming when you are facing the criminal justice system. It is important to have skilled legal counsel on your side who will help guide you through unfamiliar territory every step of the way.

I am criminal defense attorney Ryan Kolbeck, founder of Kolbeck Law Office in Sioux Falls. The following are some of the common questions that I get asked by my clients. It is important to bear in mind that everyone’s situation is different and nothing can replace the personalized advice that you can receive from a lawyer in a one-on-one meeting.

Should I talk to the police after my arrest or to the prosecution before my case has been tried?

No. You have the right to remain silent, and you should exercise that right at all times. You may feel pressured to speak with the police or feel the need to explain your side of things. Resist this temptation. You should only speak to the police or the prosecution with your lawyer present.

What are my rights after an arrest?

When arrested, you have fundamental rights that law enforcement must respect. These are your Miranda rights. Police must read these rights before interrogation.

You can invoke Miranda rights at any time during questioning, even after answering questions. Once invoked, all interrogation must stop until your attorney arrives. However, you must actively invoke these rights by clearly stating you want to remain silent or request an attorney. Simply staying quiet is not enough to invoke Miranda protections.

If police fail to read your rights, any statements made during questioning may be inadmissible in court. This could potentially affect the prosecution’s case.

The police have asked me to come in for an interview, but I am not under arrest. Should I make sure I have a lawyer present?

Yes. Although you may not be formally under arrest, the police may still consider you to be a suspect and are under no obligation to inform you of their suspicions. Anything you say in an interview setting may be used against you. It is important to have a lawyer present to ensure that your rights remain protected.

I just want to plead guilty and put this behind me. Why do I need a lawyer?

Usually, an attorney can at least get you a better deal, even if you wish to plead guilty. I can point out the weaknesses in the prosecutor’s case, which may enable me to secure lower fines and help you avoid jail time.

I was offered a plea bargain. Should I take it?

It depends. The circumstances surrounding a plea agreement differ for everyone. I can provide you with the counsel you need to make the most informed decision about your case.

Years ago, I was convicted of a crime. Is it possible to have this removed from my record?

It’s possible. Some criminal convictions are eligible for a pardon, which effectively erases the conviction from your record. I can help you explore your options and determine whether this is possible for your situation.

What is the difference between a felony and a misdemeanor?

The main difference between felonies and misdemeanors lies in their severity and punishment. Felonies are serious crimes punishable by more than one year in prison. Misdemeanors carry potential jail terms of less than one year.

Misdemeanor examples include vandalism, simple assault, shoplifting, public intoxication, disorderly conduct and driving under the influence. Generally, misdemeanors involve nonviolent offenses and time is served in county jails.

Felonies encompass more severe crimes. These include murder, manslaughter, aggravated assault, kidnapping, armed robbery, grand theft, tax evasion and perjury. Convicted felons typically serve longer sentences in state prisons rather than local jails.

The classification determines not only sentence length but also where offenders serve the sentence. Felonies usually result in significantly harsher penalties and long-term consequences for offenders.

All lawyers are the same. Why should I hire you?

All lawyers are not the same. There are many different areas of the law. It might not be wise to hire a tax attorney to handle your criminal defense. I have extensive trial experience at both the state and federal levels. Criminal defense is my primary practice area and is something that I am passionate about. I helped form the South Dakota Association of Criminal Defense Lawyers and also served as president of the South Dakota Trial Lawyers Association. I am dedicated to being a staunch advocate for my clients both in and out of court.

Does Kolbeck Law Office represent clients who are not in Sioux Falls?

Yes, my firm proudly represents clients throughout South Dakota. Whether you’re in Vermillion, Brookings, Harrisburg or any other part of the state, I am here to support you. Additionally, if you were arrested or face charges in South Dakota but reside out of state, I am equipped to handle your case with the utmost care and professionalism.

What criminal charges do you defend against?

I specialize in defending against a wide range of criminal charges, including drug-related charges and DUI, which are areas of particular focus. I also handle cases involving federal charges, internet-based sex crimes and assault. Whether you’re dealing with a misdemeanor or a serious felony, I have the knowledge and experience to defend you.

Could my criminal charges be reduced or dismissed?

Every case is unique, but there are often opportunities to have charges reduced or dismissed. As your attorney, I will thoroughly investigate your case, looking for any procedural errors, violations of your rights or weaknesses in the prosecution’s evidence. Depending on the circumstances, I may be able to negotiate with the prosecution for a reduction in charges or even a dismissal. In some cases, participation in diversion programs or plea agreements can lead to reduced charges.

When should I contact a criminal defense attorney?

Contact a criminal defense attorney as soon as possible. It would be ideal to do this immediately after authorities take you into custody and before you answer any questions. Once you request an attorney, the police must stop all questioning until your lawyer arrives.

Call a lawyer as soon as you suspect potential criminal charges against you. When you hire an attorney before authorities file charges, they can contact prosecutors, present favorable evidence and potentially request a “no file” decision to prevent charges altogether. Once authorities officially file charges, unwinding the process becomes much harder.

Since courts can use anything you say against you, you need an attorney present during questioning. Even if police have not arrested you but are questioning you, a lawyer will protect your rights and prevent you from making statements that could lead to criminal charges.

Contact Me With Your Criminal Defense Questions

I am available to answer all questions you may have regarding your criminal case. Call 605-937-8376 or contact me online to schedule a free initial consultation.