Practice Areas

• Auto Accident
• Business Litigation
• Will Contest

Criminal Defense

 Small Town Roots and Statewide Success Since 1948

If you have been accused of a simple misdemeanor or charged with a serious felony, can you trust your future to a public defense system that is understaffed, under-funded, and over-stressed?

If you are charged with DUI/DWI in Minnehaha County, can your career afford a conviction or a suspended license?

If you are facing weapons charges or a grand theft conviction in Lincoln County, South Dakota, should you plea bargain your case?

If you are being held in Sioux Falls on suspicion of murder, assault, or a sex crime, the quality of your defense is crucial to your future.

Our firm has an established reputation: we win cases.

With offices in Sioux Falls and Parker, South Dakota, the fast, adaptable, approachable, and professional attorneys at Zimmer, Duncan and Cole provide legal services in a variety of practice areas including criminal defense.

The Bill of Rights of the U.S. Constitution protects the rights of the accused, including: 

• Right of due process
• Protection from double jeopardy
• Right to a speedy trial
• Right to a trial by a jury of one's peers
• Right to counsel

 

What happens when you are charged with a crime in South Dakota? 

If you are arrested, the police will:

• Read you your rights
• Take your picture
• Take your fingerprints
• Put you in jail
• Ask you questions: Remember, you have the right to remain silent and the right to an attorney. You do not have to answer any questions when you claim your rights.

 A judge will:

• Preside over an initial appearance or arraignment where the charges will be made official
• Preside over a preliminary hearing in felony cases
• Preside over a jury trial

Terms you should know: 

Miranda Rights - The police are required to explain certain rights you have when they arrest you. This is called the Miranda Warning. It is very important that you remember these rights. 

Posting Bail - Bail is the amount of money you will have to pay in order to get out of jail while you await trial. The judge will set the amount. The money will generally be returned to you or your agent-regardless of the verdict-if you make all of your court appearances. 

Plea Bargain - Also called a plea agreement, this is an offer made by the prosecution in return for a guilty plea. If you do not accept the offer, your case will go to trial. 

Misdemeanor - A misdemeanor is generally any crime that carries a maximum sentence of one year or less in a city or county jail, plus a possible fine. 

Felony - Any crime for which the minimum sentence is over one year is probably a felony. Felony sentences are served in state or federal prisons or penitentiaries and can include the death penalty.


At Zimmer, Duncan and Cole our clients receive small-firm attention with big-firm results. Our lawyers take a limited number of major cases in order dedicate their full attention to a successful verdict.

See our case results. 

We don't back down: we will go to trial. The attorneys at Zimmer, Duncan and Cole will never pressure you to take a plea bargain. Your attorney will explain your options clearly and offer advice, but you will make the decision to plead guilty or to go to trial.


If you have been accused of or charged with a crime in South Dakota...

Please call [1-877-336-1650, 605 361-9840, or 605 297-4446] or fill out our online contact form for a free consultation.  You can also request our Free Reports for information you can use to help you decide if you need an attorney's help. 


Zimmer, Duncan and Cole is located in Sioux Falls and Parker, and serves all of South Dakota including the following counties, cities and towns:

Minnehaha County: Sioux Falls, Brandon, Dell Rapids, Hartford, Garretson, Crooks, Baltic, Valley Springs, Colton, Humboldt, Sherman, Corson. Lincoln County: Canton, Beresford, Lennox, Hudson, Harrisburg, Fairview, Worthing, Shindler, Tea, Moe, Norway Center. Turner County: Parker, Chancellor, Centerville, Hurley, Davis, Viborg, Dolton, Irene, Marion, Monroe. McCook County: Salem, Bridgewater, Spencer, Unityville, Canistota. Lake County: Madison, Chester, Winfred, Franklin, Nunda, Ramona, Wentworth. Moody County: Colman, Egan, Trent, Ward. Brookings County: Brookings, Arlington, Volga, Elkton, White, Aurora, Bruce. Davison County: Mitchell, Ethan, Loomis, Mount Vernon. Beadle County: Huron, Wolsey, Iriquois, Cavour, Hitchock. Hutchinson County: Parkston, Freeman, Menno, Tripp. Union County: North Sioux City, Beresford, Elk Point, Alcester, Jefferson. Bon Homme County: Tyndall, Scotland, Springfield, Avon, Tabor. Yankton County: Yankton, Volin, Gayville, Mission Hill, Lesterville. Spink County: Redfield. Hughes County: Pierre. Stanley County: Fort Pierre.

Blog for Criminal Defense

• It Couldn't Happen Here...Right?
• Sobriety Checkpoint Warnings - via txt msg

Library for Criminal Defense:

• Guilty Until Proven Innocent?   
  Description: Please read this to see why you should pause before assuming every suspect is guilty.
• Five Things You Should Not Do When You Are Facing Criminal Charges or Questioning   
  Description: Talking with police and facing possible criminal charges can be very intimidating. It is very easy to forget about your individual rights. Here are five ways you can avoid making very simple, but serious mistakes.

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Frequent Questions for Criminal Defense:

• What is the legal limit for my blood alcohol concentration (BAC) in South Dakota?
• How many drinks does it take to reach the legal limit in South Dakota?
• What should I do when I am facing criminal charges or questioning?

Case Results for Criminal Defense:

• State v. Zamulko

Awarded: Not Guilty

• State v. Tornow

Awarded: Not Guilty

• State v. Anderson

Awarded: Dismissed

• State v. Ramirez

Awarded: Charges Dropped

• State v. Dejong
• State v. Michelke
• State v. Goodrich

Web Resources for Criminal Defense:

• Minnehaha County Jail

  Description: Here is the information for the Minnehaha Country Jail, including visitation times and work release information. 

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