Hamlin County, SD Criminal Lawyers
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Hayti, SD 57241
Profile LAWPOINTS™17/100
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Bryant, SD 57221
Profile LAWPOINTS™12/100
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Lawyer.com can help you easily and quickly find South Dakota Criminal Lawyers and South Dakota Criminal Law Firms. Find Criminal attorneys by major city or select a city from the list of all South Dakota cities. Alternatively you can search for Criminal attorneys for all South Dakota cities or search by county. You may also also find it useful to refine your search by specific Criminal practice areas such as DUI-DWI, Expungement, Felony, Misdemeanor, RICO Act, White Collar Crime, Traffic and Juvenile Law matters.
LEGAL TERMS
ACQUITTAL
A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusio... (more...)
A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusion that the prosecution has not proved its case beyond a reasonable doubt.
LARCENY
Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the inten... (more...)
Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the intent to permanently deprive the owner of the property. If the taking is non forceful, it is larceny; if it is accompanied by force or fear directed against a person, it is robbery, a much more serious offense.
EXECUTIVE PRIVILEGE
The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communicatio... (more...)
The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions or decisionmaking processes of the executive branch. As demonstrated by the Watergate hearings, this privilege does not extend to information germane to a criminal investigation.
OWN RECOGNIZANCE (OR)
A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recogni... (more...)
A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recognizance.' Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for 'OR' release. If the charge is very serious, however, OR may not be an option.
BURGLARY
The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need no... (more...)
The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need not be theft. For instance, someone would be guilty of burglary if he entered a house through an unlocked door in order to commit a murder.
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.
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.
CONTINGENCY FEE
A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obt... (more...)
A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obtains after settling or winning the case. Often contingency fee agreements -- which are most commonly used in personal injury cases -- award the successful lawyer between 20% and 50% of the amount recovered. Lawyers representing defendants charged with crimes may not charge contingency fees. In most states, contingency fee agreements must be in writing.
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
Tiede v. CorTrust Bank, NA
... III. [¶7.] Tiede alleges that she was discharged in retaliation for her refusal to discontinue filing
SARs and CTRs on certain CorTrust customers. She contends that as the bank secrecy officer,
she was required to file these reports or risk criminal prosecution under the BSA. ...
State v. Hayen
... We have recognized that the Fourth Amendment permits a brief investigatory stop of a vehicle
when "the officer's action is supported by reasonable suspicion to believe that criminal activity
`may be afoot.'" State v. Kenyon, 2002 SD 111, ¶ 14, 651 NW2d 269, 273 (citations ...
In re MDD
... 23A-28 (restitution in criminal cases) or SDCL 26-8C-7(1) and 26-8B-6(4) (restitution in juvenile
delinquency cases). Statutory interpretation is a question of law we review de novo. ... [¶ 4.] SDCL
ch. 23A-28 authorizes an award of restitution to specified "victims" in criminal cases. ...
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PRACTICE AREAS
- Accident & Injury
- Bankruptcy & Debt
- Business
- Civil & Human Rights
- Consumer Rights
- Criminal
- -DUI-DWI
- -Expungement
- -Felony
- -Misdemeanor
- -RICO Act
- -White Collar Crime
- -Traffic
- -Juvenile Law
- Divorce & Family Law
- Employment
- Environmental Law
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- Industry Specialties
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