Chamberlain Juvenile Law Lawyer, South Dakota


Theresa M. Maule

International Tax, Personal Injury, DUI-DWI, Divorce
Status:  In Good Standing           

David J. Larson

Commercial Real Estate
Status:  In Good Standing           

Robert R. Schaub

Litigation, Arbitration, Business & Trade
Status:  In Good Standing           

Paul A. Mueller

General Practice
Status:  In Good Standing           

Larry D. Hollmann

General Practice
Status:  In Good Standing           

Albert Steven Fox

Litigation, Civil Rights
Status:  In Good Standing           

Steven R. Smith

Car Accident, Slip & Fall Accident, Products Liability, Medical Malpractice
Status:  In Good Standing           

Steven R. Smith

Social Security, Divorce & Family Law, Criminal
Status:  In Good Standing           

Ann M. Arnoldy

General Practice
Status:  In Good Standing           

Paul O. Godtland

General Practice
Status:  In Good Standing           

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LEGAL TERMS

HOMICIDE

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncrim... (more...)
The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncriminal in a number of situations, including deaths as the result of war and putting someone to death by the valid sentence of a court. Killing may also be legally justified or excused, as it is in cases of self-defense or when someone is killed by another person who is attempting to prevent a violent felony. Criminal homicide occurs when a person purposely, knowingly, recklessly or negligently causes the death of another. Murder and manslaughter are both examples of criminal homicide.

GREEN CARD

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of ... (more...)
The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of the United States. It serves as a U.S. entry document in place of a visa, enabling permanent residents to return to the United States after temporary absences. The key characteristic of a green card is that it allows the holder to live permanently in the United States. Unless you abandon your residence or violate certain criminal or immigration laws, your green card can never be taken away. Possession of a green card also allows you to work in the United States legally. Those who hold green cards for a certain length of time may eventually apply for U.S. citizenship. Green cards have an expiration date of ten years from issuance. This does not mean that your permanent resident status expires. You must simply apply for a new card.

LEGISLATIVE IMMUNITY

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)
A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)
The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)
The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

INFORMATION

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or ... (more...)
The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment.

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

BAIL

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).

SAMPLE LEGAL CASES

PEOPLE, IN INTEREST OF ZB

... South Dakota. SABERS and KONENKAMP, Justices. [¶ 1.] ZB admitted in juvenile court to committing two first degree rapes. At the time of these offenses, he was fifteen. He was court ordered to register as a sex offender. South ...

In re MDD

... Gen., Pierre, SD, for appellee State of South Dakota. David K. Wheeler of Morgan, Theeler, LLP, Huron, SD, for appellant, MDD. ZINTER, Justice. [¶ 1.] MDD admitted the allegations of a juvenile delinquency petition alleging simple assault and resulting injury of another person. ...

IN RE PEOPLE OF STATE OF SOUTH DAKOTA

... [¶ 1.] KK admitted to a juvenile delinquency petition alleging misprision of a felony. ... 23A-28 do not govern juvenile cases, for purposes of burden of proof and standard of review there is no legal rationale not to apply the same standard of review in adult and juvenile cases. ...

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