Go to navigation Go to content
Toll-Free: 888-733-2992
Phone: 605-361-9840

There's a lot riding on the outcome of your case. Our South Dakota criminal defense attorneys can help you.

 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 South Dakota criminal defense attorneys represent DUI and other criminal cases.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, LLP 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, LLP our clients receive small-firm attention with big-firm results. Our Sioux Falls criminal defense lawyers take a limited number of major cases in order to 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, LLP will never pressure you to take a plea bargain in South Dakota. Your criminal defense 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 [1-888-733-2992, 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, LLP is located in Sioux Falls and Parker, and serves all of South Dakota including the following counties, cities and towns:

Minnehaha County, Turner County, McCook County, Lake County, Brookings County, Davison County, Beadle County, Hutchinson County, Union County, Bon Homme County, Yankton County, Spink County, Hughes County and Stanley County.

  • Observer
  • The Lennox Independent
  • Tea Weekly
  • AlcesterUnion & Hudsonite
  • The New Era
  • SuperLawyers