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The Official Blog of the Sioux Falls Attorneys of Zimmer, Duncan and Cole, LLP

Frequent posts contain valuable information and commentary about South Dakota auto accidents, family law, criminal defense, will contests, business litigation, estate litigation, personal injury, and wrongful death cases. Learn more to win your case today.


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8/26/2015
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Testifying Before a Grand Jury: What You Need to Know

If you must testify before a South Dakota grand jury, you may be called as a witness or a suspect. Learn why you need an experienced criminal defense attorney.

Category: Criminal Defense

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8/24/2015
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Can Police Search a Cell Phone Without a Warrant?

If you have been charged with a crime, the police cannot search the data on your cell phone. However, they can secure the phone so data isn’t erased.

Category: Criminal Defense

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8/18/2015
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When the Victim Won’t Testify in a Domestic Violence Case

If a victim refuses to testify in a domestic violence case, you could still be prosecuted for the crime. Learn when the charges might be dismissed.

Category: Criminal Defense

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8/14/2015
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Can I Be Stopped for a DUI Based on an Anonymous Tip?

If you were stopped for a DUI based on an anonymous 911 call, you may wonder if this is legal. Here, learn how a call can provide reasonable suspicion for a stop.

Category: Criminal Defense

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8/12/2015
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Understanding South Dakota’s Felony Sentences

South Dakota has nine classes of felonies. Here, learn more about these classes and the maximum prison sentence and fine for each.

Category: Criminal Defense

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8/9/2015
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Ways to Successfully Fight Arson Charges

If you have been charged with arson, there are ways to challenge the charge. Here, learn some defenses to help get your case dismissed.

Category: Criminal Defense

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8/2/2015
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Supreme Court Strikes Down Part of Federal Crime Law

The Supreme Court struck down the residual clause of the ACCA, making it harder to extend sentences of some felons with three prior convictions.

Category: Criminal Defense

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8/1/2015
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The Differences Between a Misdemeanor and an Infraction

An infraction is a lesser crime than a misdemeanor, and the penalties if you are convicted often include a fine but usually not jail time or probation.

Category: Criminal Defense

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7/24/2015
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How Bail Is Set in Criminal Matters

If you are charged with a crime, the court considers many factors in setting bail, such as the nature of the charges, your family ties, and your employment.

Category: Criminal Defense

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7/22/2015
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How a DUI Conviction Can Affect Your Green Card Application

If you were convicted of a DUI and it’s your first offense, it probably will not hurt your green card application. Learn when a DUI could cause you problems.

Category: Criminal Defense

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7/18/2015
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Can the Police Take a DNA Sample When I Am Arrested for a DUI?

If you were arrested for a DUI, you can’t be required to give a DNA sample unless you’re being charged with a felony.

Category: Criminal Defense

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7/12/2015
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Certain Criminal Records Can Be Expunged

Your criminal conviction may be eligible for expungement if certain requirements are met. Learn what convictions can and cannot be expunged.

Category: Criminal Defense

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7/7/2015
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Can You Be Arrested for a DUI Sitting in a Parked Car?

If you’re intoxicated in a parked car, you can still be arrested for a DUI in South Dakota. Here, learn what factors into an arrest.

Category: Criminal Defense

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7/1/2015
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Takata Recall Update: Airbags Must Be Replaced a Second Time

Takata revealed that its replacement airbags must be replaced again due to defective parts. Learn if your car is on the recall list.

Category: Auto Accident

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6/30/2015
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Blood Evidence in Rapid City DUI Case to Be Thrown Out

The Rapid City DUI arrest procedure from 2014 is under question. Will evidence in other DUI cases in Rapid City also be suppressed?

Category: Criminal Defense

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6/24/2015
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Is There a New Concealed Carry Permit in South Dakota?

A concealed carry bill has been brought before the Senate in South Dakota. The bill would allow for a carry permit that would be good in neighboring states.

Category: Criminal Defense

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6/18/2015
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DUI App Records Traffic Stop, Texts or Emails a Local Lawyer

A new app has a very specific, very surprising purpose: to help you protect you if you're pulled over for a DUI. Learn more about it here.

Category: Criminal Defense

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6/16/2015
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Breathalyzer Apps Tested for Accuracy

Being able to breathe into a device and have your BAC calculated in an app seems like a good idea. But do breathalyzer apps work?

Category: Criminal Defense

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6/9/2015
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James Valley DUI Court Holds First Graduation

DUI court is fairly new in South Dakota so when James Valley DUI Court graduated their first participant the community rallied around the graduate.

Category: Criminal Defense

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6/9/2015
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The Difference Between DUI Court and Drug Court

DUI court is based on the drug court model. However, there are several important differences between the two. Learn more about the differences here.

Category: Criminal Defense

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6/2/2015
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What to Do If You Caused a Car Accident

If you believe you were at fault in a car accident, there are three things you need to do, right away, to protect yourself.

Category: Criminal Defense

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5/30/2015
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Should I Plead Guilty to Reduce a Federal Criminal Sentence

Is pleading guilty the best hope you have of reducing your sentencing? Find out what options you have for reduced penalties in a federal criminal case.

Category: Criminal Defense

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5/24/2015
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4 DUI Defenses Used to Dismiss Charges Against Women Drivers

Are you a woman facing DUI charges? Find out how to build a solid defense using these factors to discredit the evidence against you.

Category: Criminal Defense

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5/18/2015
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Double Jeopardy Doesn’t Apply to a State and Federal Crime

Think that you can’t be tried for the same offense twice? Find out why a double jeopardy defense may not save you from these state and federal crimes.

Category: Criminal Defense

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5/12/2015
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Controlled Substances That Can Result in a South Dakota DUI

Is there any safe limit when using controlled substances and driving? Find out how South Dakota’s drugged driving laws impact your DUI case.

Category: Criminal Defense

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