Best Criminal Defense Lawyers in Rapid City, SD

FAQs

• What is the non-emergency contact number for the local police station in Rapid City, South Dakota?

  605-394-4131 is the non-emergency contact number for the Rapid City Police Department.

• Where can I get a copy of police reports for incidents related to my case in Rapid City, South Dakota?

  Copies of police reports for incidents related to criminal cases can be obtained from the Records Section of the Rapid City Police Department. It can be reached at 605-394-4117.

• Can a positive drug test result in misdemeanor or felony charges in Rapid City?

  Yes. Individuals who tested positive for drug use in Rapid City may face misdemeanor or felony charges because a positive drug test is included in South Dakota's definition of drug possession. Because of the presence of drug metabolites in the body, it is assumed that people have the drugs in an altered state. Blood, urine, and hair follicle tests are commonly used to screen for drug metabolites in the body.

• When do DWI charges become felony charges in Rapid City?

  People facing DWI misdemeanor charges in Rapid City may end up facing felony charges if the first DWI violation involves another crime, such as drug trafficking, involuntary manslaughter, or a minor child in the vehicle at the time of the arrest. Defendants may face a state jail felony if they are convicted.

• Are drivers convicted for the first time in Rapid City of operating a vehicle while under the influence of drugs or alcohol allowed to drive by the court?

  Yes. Under the South Dakota Codified Law 32-35-113, Rapid City courts may allow defendants to operate a vehicle for the purposes of employment, attendance at counseling programs, and 24/7 sobriety testing. The driving privileges of people convicted of Class 1 misdemeanors are revoked for not less than 30 days.

• What are the post-conviction options available for Rapid City defendants?

  Rapid City residents who have been convicted of a crime have several post-conviction options, including habeas corpus, direct appeal, and sentence modification. Habeas corpus is a separate civil action filed in the circuit court where the defendant's conviction occurred. This particular remedy is authorized by statute and necessitates a custody requirement.

• What can Rapid City residents who have been arrested for a crime do to protect themselves from further criminal charges?

  Individuals accused of committing a crime in Rapid City are advised to remain silent and provide no information other than their own identification. They should also refuse to let the arresting officer search their homes, vehicles, or personal belongings. It is also not advisable to sign anything without the presence of a criminal defense attorney.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.