Hamill Juvenile Law Lawyer, South Dakota


Amanda Work

Wills & Probate, Family Law, Divorce, DUI-DWI, Native People
Status:  In Good Standing           

Jean M. Massa

Litigation, Estate, Child Custody, Criminal, Wills & Probate
Status:  In Good Standing           

Donald E. Covey

Insurance, Bankruptcy
Status:  In Good Standing           

Edward D. Hellewell

Insurance, Business
Status:  In Good Standing           Licensed:  48 Years

Kathleen F. Trandahl

General Practice
Status:  In Good Standing           

Annemarie Michaels

General Practice
Status:  In Good Standing           

Tom D. Tobin

Child Custody, DUI-DWI
Status:  In Good Standing           

Stanley E. Whiting

General Practice
Status:  In Good Standing           

Mary Turgeon Wynne

Indians & Native Populations
Status:  Suspended           Licensed:  43 Years

Dan M. Flynn

General Practice
Status:  In Good Standing           

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LEGAL TERMS

CRIME

A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defin... (more...)
A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defined by Congress and state legislatures.

BOOKING

A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed beh... (more...)
A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed behind bars. Nowadays, the book is likely to be a computer. Usually, a mug shot and fingerprints are taken, and the arrestee's clothing and personal effects are inventoried and stored.

CONSTABLE

A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep t... (more...)
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.

ARREST WARRANT

A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to ... (more...)
A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to the judge or magistrate that convinces her that it is reasonably likely that a crime has taken place and that the person to be named in the warrant is criminally responsible for that crime.

CAPITAL CASE

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.

INSANITY

See criminal insanity.

DIRECTED VERDICT

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the... (more...)
A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the defendant. A directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove her case even if there were no opposition. In other words, the judge is saying that, as a matter of law, no reasonable jury could decide in the plaintiff's favor. In a criminal case, a directed verdict is a judgement of acquittal for the defendant.

PRESUMPTION OF INNOCENCE

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

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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