South Dakota

South Dakota criminal defense attorneys with our firm defend clients accused of a variety of crimes that include—but are not limited to— grand theft, embezzlement, federal possession of child pornography, drunk driving, drug possession, domestic violence, molestation or any other crime. In each of these criminal cases, our South Dakota criminal lawyers strive to ensure that our client’s rights under the U.S. Constitution are protected, and formulate the most well rounded defense possible on behalf of our clients.

What type of constitutional issues can a South Dakota criminal lawyer scrutinize? Several issues are important and require an experienced criminal defense lawyer to carefully observe them. One of these for example is the Miranda rule. According to this rule—handed down in Miranda v. Arizona—confessions given by someone accused of a crime are not allowed in court if the person accused was not advised of his or her rights before being questioned by law officials. A South Dakota criminal defense attorney will try to verify that the accused was properly advised of his many rights. Mainly, his/her right to remain silent and not answer questions, his/her right to be informed that anything he/she says can and will be used against him/her in a court of law, the right to consult with an attorney and to have an attorney present when he or she is questioned, and the right to have a legal counsel appointed prior to being questioned; if the one suspected cannot afford counsel, one will be appointed.

A second area that qualified South Dakota criminal lawyers note carefully is whether or not the provisions of the 4th amendment are upheld. The 4th Amendment in the U.S. Constitution protects everyone from search and capture by government officials which is unreasonable. Although these are very general defenses to all criminal charges, they are still very important defenses. South Dakota criminal defense attorneys would verify that appropriate search warrants were obtained. In South Dakota, criminal lawyers would also check to see that law enforcement officials’ search area did not exceed what was allowed by the warrant, and they would confirm that none of the belongings of the accused was seized unlawfully. These general defenses are just some of the things that a good criminal defense team would investigate.

If I have been accused of a crime or contacted by law enforcement when should I seek the counsel of an experienced criminal defense lawyer? As soon as you are informed that accusations have been made and charges may be filed, you should contact a criminal attorney immediately. The initial phases of a criminal investigation are the most critical to allowing a South Dakota criminal lawyer to defend their clients to the fullest extent. The goal of a South Dakota criminal attorney should be to reach an informal resolution to the case before it ever reaches the courtroom. This is much easier for an experienced criminal lawyer to do when he or she is involved in the process from its inception. Every accused person deserves the best possible defense, so that he is not wrongfully convicted and sentenced. The first step should be to seek the assistance of an aggressive knowledgeable South Dakota criminal defense lawyer.

If you have been accused of a crime, but not yet charged, you can read more about the investigation process by reading the prefile page of our website. It is imperative that you contact a South Dakota criminal lawyer immediately if you have yet to be arrested.