South Dakota Criminal Defense Legal Questions

Plea offers are made in the discretion of the prosecutor, and can occur at any time, even prior to the filing of charges. In many states, it is standard procedure for the prosecutor to make an offer before the preliminary hearing, contingent on the defendant waiving the right to the hearing.  In some states, the prosecutor will pressure the defendant into agreeing to an early plea by stating if he or she declines the offer and proceeds to the preliminary hearing, no later offers will be forthcoming.By the time of the preliminary hearing, the prosecutor has seen the police reports and reviewed witness statements,  and has a fairly good idea of the strength of the case.  Depending on how long your attorney has been involved in your case, he or she may or may not have had sufficient time to review the discovery and investigate possible defenses.Pleading guilty to any crime is a serious matter. While you didn’t mention the terms of the plea offer, if the original charge is first degree arson, it’s likely the offer involves pleading guilty to a lesser felony, and a potential for a period of incarceration.Your attorney is in the best position to advise you on the local practices regarding plea offers in your jurisdiction The decision as to whether to accept the plea bargain is one you should make only after full consultation with your attorney.  If your attorney is new to the case and has not had enough time to fully review the evidence against you, interview witnesses, investigate the facts, and  if the cause of the fire is an issue,  consult with experts,  perhaps your attorney can ask the prosecutor to agree to a continuance of the preliminary hearing in order to keep the offer “alive” while completing these important tasks. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998... Read More

The police may keep property seized from you at the time of your arrest for use as evidence against you in your criminal case. When the case is over, your property, except for contraband or fruits of the crime, should be returned to you. If the property consists of personal items with no evidentiary value, such as a wedding ring, you might consider having your lawyer make a request for it to be returned earlier. If the items consist of a personal address book, financial papers or currency, your lawyer may be able to make an agreement with the prosecutor that if they return the property now, and the Judge later rules the items are admissible against you at your trial, he or she won't object to the introduction of photocopies instead of the originals. The prosecutor may or may not accept this offer. If the police or prosecutor refuses to return your property after the case is over, your lawyer can file a motion with the court seeking an order requiring them to do so. ... Read More