Vivian Juvenile Law Lawyer, South Dakota


Brad A. Schreiber

Litigation, Divorce & Family Law, DUI-DWI, Criminal, Accident & Injury
Status:  In Good Standing           

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Lee Kit McCahren

Accident & Injury, Products Liability, Personal Injury, Slip & Fall Accident, Workers' Compensation
Status:  In Good Standing           

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Joan E. Powell

Criminal, Bankruptcy & Debt, Divorce & Family Law, Estate, Real Estate
Status:  In Good Standing           

FREE CONSULTATION 

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Douglas Abraham

Administrative Law, Litigation, Agriculture, Legislative Practice, Business
Status:  In Good Standing           

Christina L. Klinger

Administrative Law, Workers' Compensation, Civil Rights, Family Law
Status:  In Good Standing           

Robert Anderson

Real Estate, Employment, Civil Rights, Insurance
Status:  In Good Standing           

Mike Shaw

Gaming & Alcohol, Administrative Law, Legislative Practice, Personal Injury
Status:  In Good Standing           

Justin Bell

Corporate, Legislative Practice, Civil Rights, Family Law
Status:  In Good Standing           

Timothy M. Engel

Tax, Electronic Commerce, Government Agencies, Business
Status:  In Good Standing           

David A. Gerdes

Health Care Other, Legislative Practice, Civil Rights, Telecommunications
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

Member Representative

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800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Messages from all messaging and voice technologies including Email, Text, Phone, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

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LEGAL TERMS

GRAND JURY

In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the f... (more...)
In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the first step, after arrest, in any formal prosecution of a felony.

SEARCH WARRANT

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue... (more...)
An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.

WARRANT

See search warrant or arrest warrant.

INFORMED CONSENT

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.

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.

BAIL BOND

The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear... (more...)
The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear for a court hearing, the judge can issue a warrant for his arrest and threaten to 'forfeit,' or keep, the money if the defendant doesn't appear soon. Usually, the bondsman will look for the defendant and bring him back, forcefully if necessary, in order to avoid losing the bail money.

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.

IMPEACH

(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he h... (more...)
(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he has made statements that are inconsistent with his present testimony, or that he has a reputation for not being a truthful person. (2) The process of charging a public official, such as the President or a federal judge, with a crime or misconduct and removing the official from office.

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

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. ...