Kennebec Criminal Lawyer, South Dakota


Theresa M. Maule

International Tax, Personal Injury, DUI-DWI, Divorce
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Amanda Work

Wills & Probate, Divorce, DUI-DWI, Native People
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Joan E. Powell

Criminal, Bankruptcy & Debt, Divorce & Family Law, Estate, Real Estate
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Robert D. Hofer

Litigation, Personal Injury, Estate Planning, Criminal
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Jamie L. Damon

Criminal, Trusts, Business & Trade, Bankruptcy
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Ronald D. Olinger

Criminal, Personal Injury, Family Law, Workers' Compensation
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Lindsey L. Riter-Rapp

Criminal, Litigation, Family Law, Legislative Practice
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Justin Lee Bell

Criminal, Civil & Human Rights, Administrative Law, Family Law
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Richard H. Wendt

Divorce & Family Law, Criminal, Estate Planning, Family Law
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LEGAL TERMS

HUNG JURY

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).

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.

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.

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.

PLEA

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usual... (more...)
The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

CORPUS DELECTI

Latin for the 'body of the crime.' Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.

ACCOMPLICE

Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An ... (more...)
Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An accomplice is guilty of the same offense and usually receives the same sentence as the principal. For instance, the driver of the getaway car for a burglary is an accomplice and will be guilty of the burglary even though he may not have entered the building.

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.

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.

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. ...