If a South Dakota police officer pulls you over in a traffic stop and asks you to exit your vehicle, it’s likely that you’re suspected of intoxication. You must comply with an officer’s instruction to step out of your vehicle. From that moment on, there are several additional requests you are free to decline. To arrest you, police must have probable cause. If it does not exist, you can use that fact as part of your criminal defense strategy. You do not have to take a roadside breath test during a traffic stop. If the deputy asks you to take a field sobriety test, you may decline. Police use pr ..read more

As a South Dakota parent who has decided to file for divorce, you must resolve many issues regarding your children. Numerous options exist to help minimize stress and disruption in your children’s lives as your family moves on in life after divorce. In fact, if you and your ex can work well together as a team, you might want to try a unique child custody style known as “bird nesting,” which enables your kids to keep living in the home you all shared during your marriage.  A bird nest child custody plan works best in cases where parents get along well and want to lay aside the issues that ..read more

During a South Dakota traffic stop, a police officer might suspect that you have been operating a motor vehicle under the influence of alcohol. Specific incidents often spur suspicion of DUI, such as witnessing a vehicle drifting over the yellow line. When you pull over, you must exit your vehicle if the police officer instructs you to do so. However, you have no obligation to answer questions about alcohol (or any other issue besides identification and proof of vehicle registration and insurance). If a police officer suspects you of drunk driving, he or she might start asking personal questio ..read more

When a South Dakota judge makes property division decisions, the primary goal is to ensure that both spouses are getting a fair share of marital assets. They must also split any debt they incurred during marriage. When the two parties involved get along well enough to engage in productive discussions, settling a divorce does not take long. On the other hand, if a spouse is hiding assets, it makes everything complicated and causes significant delays. South Dakota divorce laws require full disclosure from both spouses. Trying to hide assets means that a person is trying to deceive the court, whi ..read more

When a South Dakota married couple experiences unresolvable issues in their relationship, one or the other spouse might determine that it’s better to part ways than stay in an unhappy marriage. When children are involved, they must discuss many issues and achieve a divorce settlement that is fair and feasible for both parents. In some child custody cases, however, proceedings include one parent seeking sole legal and physical custody over the other. If you’re considering taking this route, you’ll want to be prepared to show just cause. Demonstrating just cause when seeking sole child custody i ..read more

When you think back to your wedding day in South Dakota, it might seem like a lifetime ago. Perhaps it’s been several decades since that day, and you have passed the years by with raising a family, maybe starting a business or working, and basically navigating the ups and downs of marriage as so many couples do. If your relationship with your spouse has been rocky and you’ve decided to file for divorce, you can count yourself among many others in the over-50 age group who have made similar decisions.  The term “gray divorce” refers to people who are 50 and older who decide that they’d rat ..read more

Can you relate to others in South Dakota who say they have done or have experienced things in life that they wish could be altogether forgotten? Most people have, at some point, said or done something that they later regretted. If you have encountered legal problems, such as being arrested or charged with a crime, you might be wishing that there was a way to wipe the slate clean. In fact, there is a legal process which, in effect, does just that. It’s called “record expungement.” This process cannot take place without a court order. If a criminal court judge orders the expungement of your reco ..read more

You made a mistake, received a criminal charge and have now been convicted in court. With a tarnished reputation, you now face sentencing. Knowing that you may lose your job, your business and even your professional license, you seek any positive alternatives. Requesting a suspended imposition of sentence (SIS) represents a potential “bright spot” — one that leads to the sealing of your criminal record from the public as long as you abide by the agreed-upon terms and conditions of probation. Suspends sentence, seals record from public An SIS is a special judgment in which the court enters the ..read more

If the 2022 holiday season is going to be your first since finalizing your divorce in a South Dakota court, you might be feeling a bit anxious or nervous. For instance, you and your ex might have invited mutual friends to your house for the holidays when you were married. Now, you’re not sure which one of you should invite them this year. Also, you might be concerned about certain child custody issues.   You hopefully incorporated terms of agreement regarding holidays, birthdays and special events into your child custody order. If you have since realized that you may have a left out ..read more

If your son or daughter has faced an arrest and is charged with a crime, it’s understandable that your family may be experiencing a lot of stress at this time. Especially if your child has never been in trouble with the law in the past, not knowing what to expect when he or she appears in juvenile court can cause much anxiety and worry in the days or weeks leading up to a hearing. Juvenile court differs from the adult criminal justice system in several ways. The more you learn ahead of time, the better able you might be to make informed decisions that can help your son or daughter mitigate his ..read more