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Federal Charges of Conspiracy to Possess or Distribute Controlled Substances Conspiracy is an agreement between two or more individuals to commit a criminal act. Under federal law, individuals who conspire to possess or distribute controlled substances can be charged...
The Knowledge Element in Possession of Controlled Substance Cases in South Dakota Criminal Courts In South Dakota, it is illegal to possess controlled substances, including drugs such as cocaine, methamphetamine, and heroin. In order to be convicted of possessing a...
Presentence Investigation Reports in South Dakota Criminal Cases A presentence investigation report (PSI) is an important document that is used by the court before sentencing a defendant in a criminal case. PSIs are typically prepared by court services, and they...
The Fourth Amendment to the United States Constitution provides important protections to individuals when it comes to searches and seizures by law enforcement. This amendment requires that a warrant must be obtained from a neutral and impartial magistrate before a...
Plea bargaining is an important aspect of the criminal justice system and plays a significant role in resolving criminal cases in the United States. Plea bargaining refers to the process where a defendant, who is facing criminal charges, agrees to plead guilty to a...
Medical marijuana has become a highly debated topic in recent years, and the laws surrounding its use and possession can vary greatly from state to state. In South Dakota, the use of medical marijuana is legal. Individuals with a medical marijuana card from another...
Statutes of limitations are legal deadlines that determine the amount of time the government has to bring criminal charges against an individual. In South Dakota, the statutes of limitations for various criminal charges can vary greatly and it is important to...
The right to a speedy trial is a fundamental right guaranteed by the Sixth Amendment to the United States Constitution. This right ensures that an individual facing criminal charges will receive a fair and prompt trial. In both federal and state courts, there are...
Driving under the influence (DWI) of alcohol is a criminal offense in South Dakota, and it carries serious penalties. If you are found to be driving with a blood alcohol content (BAC) of .08 or higher, you can be charged with DWI. In addition, the state has an...
Presumptive Probation is a type of sentence available in South Dakota for certain low-level felony offenses. This type of probation allows the defendant to serve a probationary period without being sentenced to serve actual time in the penitentiary. The defendant can...