Arrested in the counties of Meade or Lawrence during the Sturgis Motorcycle Rally? Here are some answers to common questions that run through one’s head the night of their arrest. If by chance you even skimmed this piece hopefully some advice is gleaned if end up having bad luck on vacation.
In some cases, people know the cops are on their way to the scene after something bad went down. In most cases during the Rally, the police have made their way into your life unexpectedly in the form of traffic stops and street encounters. Whether you are feeling guilty, confused, falsely accused, angry, embarrassed, humiliated (the list of emotions goes on) upon arrest, you now have a legal situation on your hands. As a problem solver, you always went with your gut and handled it. Unless this is not your first South Dakota rodeo with the justice system, your gut should be telling you one thing…just wait a second and let’s figure this out before hasty decisions are made. Here are some questions people ask themselves while in custody after an arrest:
1. IT’S JUST A FINE, RIGHT? I MEAN IT’S ALL ABOUT THE MONEY.
Just about money? Not for a DUI. Not for a drug charge. And definitely not for any criminal felony charge. Criminal records are forever. DUI convictions guarantee loss of driving privileges. All traffic convictions lead to higher auto insurance costs. People lose jobs. What can you afford to have follow you after Sturgis?
Anyone who tells you these more serious traffic charges or felony charges are “just a fine” is giving you sidewalk legal advice, and if it is coming from someone who is walking you to the courtroom while you’re in cuffs, that is not “advice.” That’s getting you to not think about it and plead guilty. It is almost never “just” a fine.
2. WHEN IT’S MY TURN TO FACE THE JUDGE, SHOULD I JUST DO WHATEVER IT TAKES TO GET IT OVER WITH RIGHT THEN AND THERE?
Look, you’ve spent the night in jail. Nobody is clear headed the next morning. At most other times of the year, judges set bonds and allow you to bond out before your first court appearance. That gives you a chance to actually think about your case rather than just react to get out of jail. Unless procedures change, “Rally court” is a held about every day and one arrested the night before goes before the judge in the morning. Maybe you got a call in to a friend or family on your way to the jail the night before, but from there on there is NO contact with anyone awaiting your initial court appearance. No family, no friends, no lawyer.
Many supporters are afraid to call a lawyer on behalf of the one in jail, and in the meantime nobody in the group knows what’s going on or what’s going to happen. Back at the jail or sitting in custody while in court, the desire to get out of there is overwhelming and becomes the only thought in your head. For charges that affect your livelihood, give yourself a chance to talk this over with your family or friends. Maybe talking to a lawyer would help…you usually can get the advice you need before you decide to hire someone or not. In addition to defenses, there are plea options to keep consequences local and not follow you back home.
The problem is that if the Court does not set a bond before your initial appearance, you will NOT get a chance to talk to anybody that can give you any reliable advice. And then that voice in one’s head may go, “It is what it is. Just plead guilty and move on.” If you’re strictly a “take what the world gives you” kind of person, you’re probably not even reading this. But the embarrassment and stress of a criminal charge has a tendency to lead us down that path sometimes. Regrets follow.
Bond out and think about it first. There are options to consider. There is no penalty for thinking it over; don’t succumb to a “take it now or leave it” ultimatum tied to any plea offer from the State. Buyer’s remorse is real.
What’s worse this year is that a recent South Dakota Supreme Court case (State v. Pickner) now forbids courts to modify convictions to suspend convictions after the sentencing process. We used to be able to come back a day or two later and fix the problem for people. Until this new caselaw changes, well, not anymore. When the judge warns the group of defendants to think things over before you just plead guilty, they mean it now more than ever. Not having an attorney present is typically not a good enough argument to undo what happened when you got sentenced after pleading guilty. One needs to get it right the first time.
3. I GOT A DUI – I BET IF I GET CONVICTED IN SOUTH DAKOTA IT WON’T FOLLOW ME HOME AND MESS WITH MY LICENSE BACK HOME.
No, your driver’s license will likely be revoked as well back home. South Dakota reports all major traffic or ID related offenses to every state as part of the interstate compact traffic violation system. For DUI convictions, that home state will take your license for however they would take it as if you got the DUI back home! It may be only 30 days imposed by a judge here on a first offense, but the revocation back home is usually a lot longer.
4. I SAW SOMEONE GET A RECKLESS DRIVING OFFER. SHOULD I GO THAT DIRECTION IF OFFERED?
Ok, that’s better than a DUI, but will your home state still suspend your license on a reckless driving conviction? Chat-GPT will reveal about 7-10 states that issue a mandatory suspension. But actually there are MORE states than just 7-10 that take your license. Don’t rely on AI. In fact, don’t rely on this blog either… the internet may help but we tend to really remember when it didn’t help and regretted it. The judge will not know what your home state will do and it isn’t his/her job to tell you. The State’s attorney likely doesn’t know but shouldn’t have to…they are not your lawyer either. Get real advice from the voice of an attorney before the Reckless Driving carrot is bit on.
5. I PLED NOT GUILTY AND GOT A NEW COURT DATE NEXT MONTH. DO I HAVE TO COME BACK TO SOUTH DAKOTA FOR COURT APPEARANCES?
For misdemeanors, your lawyer can appear for standard court appearances that do not involve the taking of testimony or evidence. Most misdemeanor cases are resolved without the defendant coming back and just staying in communication with your lawyer in South Dakota. Felony cases do require return appearances by the defendant.
If You’re Arrested at the Sturgis Rally This Year, Make Matt Kinney Your First Call
As these are some of the most common questions people face while in jail, also take a look at last year’s blog post on the Rally entitled “Someone I Care About Has Been Arrested at the Sturgis Rally: What is Going to Happen Next?”. Almost all of the information applies to this year’s Rally as well. Happy riding and if need arises, we at Kinney Law, pc are ready to help. Call our office at 605-642-2147 or reach us through our online contact form to schedule a confidential consultation about your case and defense options.