I have been working the Rally since 1997. Follow this guide for initial procedures to be aware of with FAQs below for MOST criminal law cases from STURGIS, MEADE COUNTY. Remember, procedures vary from county-to-county, so seek advice for cases involving Lawrence, Pennington, Butte, Custer and other Black Hills-area counties. For Meade (Sturgis):
1. IF SOMEONE IS ARRESTED IN MEADE COUNTY, WHAT HAPPENS NEXT?
- They will be taken to the Meade County Jail in STURGIS, located at the corner of Main St. and 4th St.
- If the charge(s) include DUI, they will be required to provide a blood sample at the jail. While everyone has a right to refuse consent for the blood sample (except CDL holders), the arresting officer will apply for an electronic search warrant ordering the person to submit to a blood sample. During the Rally, approval for search warrants usually takes less than ½ hour.
- The blood sample is securely put in a tube and a collection of samples will be transported to Rapid City for testing by a chemist using a machine known as a head-space chromatograph. The results of the blood test, while usually taking over a week to produce to the prosecutor during the rest of the year, are often brought back in the next 24 hours. However, do not be surprised if the result takes longer. Nobody calls you to tell you the sample result. It is obtained only from the State’s Attorney’s Office and usually through legal counsel if an attorney is hired.
- Arrested males will typically be held in the old jail underneath the courthouse; females are held in the newer jail attached to the law enforcement complex.
- The night in is obviously a miserable experience. People are confused, intoxicated, concerned and upset with themselves and/or law enforcement. At this time, people have a lot of questions and should only seek answers from qualified people. The advice given within the jail, whether by other inmates or random jail staff, should be avoided. Over the years, rarely do I find any of this advice to be accurate, especially the “just plead, pay a fine and go home” spiel.
- There is no phone call and the person arrested will not be able to talk or call to their friends or family, or even an attorney. This puts the arrested person at a major disadvantage and it can only be expected that people are not thinking clearly as to what the consequences of their case may be. Desperate, people are looking for answers from within even though no one could be expected to be in their right frame of mind at the time.
- For any case that involves a felony charge, court will be held at approximately 9:00 AM in Courtroom 1 of the main floor of the Meade County Courthouse. Prior to the start of Court, jailers are instructed to hand arrested people an application for court-appointed counsel if they so desire to have an attorney appointed to their case, and if they qualify based on income and assets. Usually anywhere from 5 to 1 defendants are brought to felony court daily during the rally for their initial appearance. No plea will be entered at that stage and an arraignment will be set, usually for a date later in the week. When court starts, the judge will read constitutional and statutory rights to all defendants in a group. When each individual case is called, the judge will go over the charges with the defendant and then hear arguments for setting bond. After the next court date, the individual will be taken back to the jail for processing and awaiting bond.
- For misdemeanors not involving DUI, court will be held at approximately 9:00 a.m. in Courtroom 3 of the basement of the Meade County Courthouse. Supporters will enter the courthouse through the main entrance and be screened at the metal detector. Supporters may watch the court session subject to the rules set forth by the bailiff/deputy who is controlling the courtroom. When court starts, the judge will read constitutional and statutory rights to all defendants in a group. The same procedure involving felonies above then occurs (reading of charges, setting of bond).
- For misdemeanors involving a DUI, court will be held at approximately 10:00 AM in Courtroom 3 of the basement of the Meade County Courthouse. Again, supporters are welcome to watch in the gallery, but jail/courthouse staff will not allow supporters to interact with the arrested person who is about to go to court. If the arrested person has retained legal counsel, whether individually or through family/friends, the attorney may appear with the arrested person at the initial appearance to argue bond and to give advice so that the arrested person does not make a hasty decision without knowing the consequences. The same procedure involving felonies above then occurs (reading of charges, setting of bond).
2. HOW DO I POST BOND FOR THE PERSON ARRESTED?
- A bond is a financial promise to appear (or have your attorney appear for you for misdemeanor cases) for future court appearances if the defendant did not plead guilty and was sentenced at their initial appearance. So, anyone who wants to look into their case more, contest it or at least determine their options and have the matter resolved at a later date must post a bond. Money is deposited with the clerk of courts and is held until the end of the case.
- Bond is not typically set in Sturgis until during the individual’s initial court appearance. The judge will announce it on the record near the end of the individual’s appearance.
- Bonds are typically CASH ONLY, which means cash has to be brought to the courthouse to post on behalf of the arrested person. For DUI-1 charges, the common bond amount is $750 cash. For DUI-2 charges (which are also a misdemeanor), the common bond amount is $1000 cash. As local defendants have ties to the community, oftentimes their bond is a “cash or surety” bond or even unsecured, which means no money is put down to get out of jail.
- Credit cards cannot be used. If you do not have cash, there are ATMs in the vicinity.
- If the arrested person has the sufficient amount of cash on them at the time of their arrest, they can post it themselves right after their initial appearance. If a third party (friend or significant other) needs to post the bond for the person held, an employee of the Sheriff’s office will take the cash and start the process for the defendant to be processed and released. This is where patience is needed, as it could take anywhere from 20 minutes to multiple hours.
- It is at this point where people have multiple questions arise that need to be answered. A criminal defense attorney is the best person to obtain real advice.
3. SHOULD ONE JUST PLEAD GUILTY AT THE INITIAL APPEARANCE AND TAKE WHAT IS GIVEN TO THEM?
- As the court will advise, one does not have to plead guilty to get out of jail that morning. However, having been separated from friends and family overnight in jail often leads people just to get everything over with without considering any of the consequences.
- For many misdemeanors not involving DUI, simple assault or theft, many defendants often plead guilty and accept the fine as typically there is no additional jail. Minor driving charges, disorderly conduct, etc. are charges often where people just pay a fine and resolve their case that morning.
- For misdemeanors involving DUI, people fail to realize that a standard conviction will require the court to revoke driving privileges in South Dakota. That revocation will most likely be communicated through a nationwide interstate compact to the home state of the defendant. The home state will then revoke driving privileges for however long they revoke as if you got the DUI in your home state. For example, if the arrested person is from Colorado, driving privileges will be revoked usually within 1 to 2 weeks after sentencing for up to 6 months on a first offense, and one year on a 2nd offense. If it is a felony DUI allegation, one way or another advice from an attorney will be provided. However, please note almost all of these attorneys are not certified to practice law in neighboring states and the arrested person will be advised to seek legal advice from a qualified attorney certified in their home state when it comes to license issues, etc.
- My general legal advice is that if you are facing a misdemeanor DUI, one should always seek the advice of legal counsel unless they absolutely know for fact they will NOT need a driver’s license in the future. Unfortunately, people never know the extent of the consequences of a DUI conviction until they get home and their home state and auto insurer takes action.
4. MY BREATH TEST TAKEN AT THE SCENE WAS SOMEWHAT LOW, AND THE STATE HAS STOOD UP AT MY INITIAL APPEARANCE AND OFFERED “RECKLESS DRIVING” AS AN ALTERNATE TO A DUI PLEA. SHOULD I TAKE THE DEAL?
- To many people during their initial appearance, it is tempting to take a Reckless Driving offer quickly offered on the spot by the prosecutor. Although South Dakota will not revoke or suspend driving privileges from a standard reckless driving conviction, the interstate compact communicates the traffic conviction to your home state. Over the past 3 decades, I have seen the list of states grow that suspend driving privileges from reckless driving convictions arising in South Dakota. Those states include, but are not limited to, Wyoming, Washington, Pennsylvania, Michigan, Massachusetts and others.
- Reckless Driving offers are frequently offered in Sturgis for breath test scores that are below or around .10. If there was a refusal of the breath test, the offer will likely not be produced at the initial appearance.
- Reckless Driving convictions also carry insurance consequences depending on your auto insurance carrier. If the arrested person insures a multitude of vehicles, the financial impact can be pretty substantial. One should consider any advice and options to prevent a conviction even if they are pleading to reckless driving as part of a plea agreement.
- Obviously, it is in the State’s Attorney’s interest to resolve cases as soon as possible. Hence, these offers pop up right at the initial appearance. Without having the opportunity to seek legal advice right at the moment, it puts the defendant in a stressful and confusing position. When in doubt, bond out. You can resolve your case at a later time after you think things through. The devil is in the details, and temptations to get it all done right away, especially in DUI cases, can be very risky, and it is not the job of the prosecutor to advise you of what’s in your best interests.
5. DO I HAVE TO COME BACK TO COURT IF I HIRE A LAWYER?
- If the charges are misdemeanors only, no, unless it is for a future hearing that involves the taking of evidence or testimony (jury trial for example), or a pretrial conference.
- If the charges involve a felony, yes, the defendant will have to appear at all future appearances unless the court approves otherwise ahead of time.
- It does not necessarily “look better” if you come back for status hearings or other proceedings that your lawyer can attend for you. While you have every right to attend every proceeding, most cases involving out-of-state defendants who have hired legal counsel are often resolved without the defendant having to take a trip back to South Dakota at a later date.
- If you do not have legal counsel, you must personally appear at all future court appearances.
6. THEY TOWED MY VEHICLE, WHERE DO I GET IT BACK?
- The arrested person will be informed by the Sheriff’s office as to where their vehicle was towed.
- You will need identification satisfactory to the towing company to retrieve your vehicle after court.
- Total bills often range from $250-$400 depending on the circumstances. Some of these tow companies except cash only, some accept credit cards.
FAQs:
1. Jailers or street people told me to just talk to the State’s Attorney about my case. Is this a good idea?
ANSWER: Generally, no. They are not supposed to give you legal advice as they are in a conflicting position. They may tell you what they will offer, but do not expect receive correct advice from someone whose job is to prosecute you. Remember, legal matters are adversarial… Both sides want a different outcome. For minor traffic violations, the stakes are far lower and it is not uncommon for people to at least ask the State’s Attorney at the proper time what they are facing. Once a prosecutor makes up his or her mind, the offer usually does not get better when a defense attorney shows up on the case.
2. Why can’t the arrested person seek legal advice prior to the initial appearance?
ANSWER: In the interest of work flow for the jail, the court system has allowed jail/Sheriff’s office to deny attorney visits prior to the initial appearance. Is this constitutional? No. Does anybody ever do anything about the denial of legal counsel before the initial appearance? Nothing has been done in the last 30 years, so one simply has to be on their toes and listen carefully in order to find an opportunity to make an informed decision during the initial appearance phase of the case. If one does not bond out after the initial appearance that morning, usually lawyers are allowed to visit inmates after 2:00 PM that day. Nobody likes this arrangement, but currently this is what can be expected.
3. What remedy is available to avoid losing my driver’s license on a DUI plea?
ANSWER: If a defendant is stuck with a solid DUI case, South Dakota has a remedy named “suspended imposition of sentence” which is a term typically only used by Missouri, Alaska and South Dakota. Other states refer to this judicial remedy as “deferred adjudication” “plea held in abeyance” or “pretrial intervention”. This remedy is not result in what some people mistakenly refer to as a diversion and expungement. Steps are required to obtain this remedy and it is not attainable at the initial appearance phase during the Rally. Obtaining this result for cases that cannot be successfully contested is one of the most frequent tasks legal counsel performs for clients. It does not work for people who possess commercial driver’s licenses. However, if qualified, this remedy prevents the loss of license and does not create a motor vehicle record either in South Dakota or something that is communicated to the home state. Be sure to ask about it before one pleads guilty.
4. I have a commercial driver’s license and I just got arrested for DUI. How bad is it going to be?
ANSWER: Finding any alternative charge to DUI that does not amount to a license revocation or suspension is the key. This can take multiple court appearances and often is not successful in cases where the likelihood of a DUI conviction is strong. There are a lot of angles to cover, so seek legal advice as soon as possible.
5. This whole process appears to be a big money grab by the State. Don’t they care about tourists and the economy?
ANSWER: One cannot truthfully say money is not an element in this process. While many people are employed to handle the judicial process, including lawyers, it is undeniable that many jobs are maintained in the name of public health and safety. Politically, it can be career suicide for a legislator to vote against new laws and initiatives that are increasing penalties in the name of public health and safety. Just know that South Dakota has what I consider an aggressive law enforcement system, especially during the Rally. We all know the best option is to avoid breaking the law and make better choices when it comes to enjoying your vacation. Generally, people have little sympathy for those that commit legal violations… Unless it is someone close to you that gets caught up in the system. There are usually consequences for every prosecuted law violation; knowing just what those consequences are and how to respond or avoid looming disasters that follow is what matters the most for your career or your criminal record.