Manderson Juvenile Law Lawyer, South Dakota
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The Law Office of Kevin Lewis, Pine Ridge, SD 57770
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Kyle, SD 57752
Profile LAWPOINTS™17/100
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Pine Ridge, SD 57770
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HC 49, Porcupine, SD 57772
Profile LAWPOINTS™7/100
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100 Mission Dr., Pine Ridge, SD 57770
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Pine Ridge, SD 57770
Profile LAWPOINTS™7/100
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LEGAL TERMS
FEDERAL COURT
A branch of the United States government with power derived directly from the U.S. Constitution. Federal courts decide cases involving the U.S. Constitution, fe... (more...)
A branch of the United States government with power derived directly from the U.S. Constitution. Federal courts decide cases involving the U.S. Constitution, federal law--for example, patents, federal taxes, labor law and federal crimes, such as robbing a federally chartered bank--and cases where the parties are from different states and are involved in a dispute for $75,000 or more.
AGGRAVATING CIRCUMSTANCES
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.
HOT PURSUIT
An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and a... (more...)
An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and an officer has chased a suspect to a private house, the officer can forcefully enter the house in order to prevent the suspect from escaping or hiding or destroying evidence.
MISTRIAL
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.
CRIMINAL CASE
A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.
JUSTICE SYSTEM
A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal... (more...)
A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal prosecutors and public defenders. Many people caught up in this system refer to it by less flattering names.
BATTERY
A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how... (more...)
A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.
CRIMINAL LAW
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.
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.
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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