Skinner Law Office P.C.FindLaw IM Template2026-07-07T06:40:04Zhttps://www.mattskinnerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604178/2023/03/cropped-SLO4-site-identity_512-32x32.jpgOn Behalf of Skinner Law Office, P.C.<![CDATA[Crossing State Lines: The “Vacationer’s Trap” of Legal Marijuana]]>https://www.mattskinnerlaw.com/?p=495922026-06-26T09:19:00Z2026-06-26T09:19:00ZImagine driving home from a fun trip in Colorado or Montana where you legally enjoyed recreational marijuana. You probably feel safe as you cross the state line into South Dakota and enter Pennington County because your car contains no physical drugs.
However, you are driving directly into a severe trap. South Dakota enforces strict laws and your own body can provide all the evidence that law enforcement needs to arrest you.
South Dakota’s Severe Ingestion Laws
Unlike neighboring states that only punish physical possession, South Dakota laws target the presence of marijuana within your body. State prosecutors treat a positive drug test as actual possession of a drug under their strict rules. If police discover concentrated forms of cannabis like vape pens or wax in your car, the state could automatically charge you with a felony. Furthermore, multiple ingestion offenses or carrying heavy amounts will quickly elevate your legal trouble under current state rules. Officers do not need to find bags of marijuana flower to start an arrest in Pennington County. They only require proof that your body contains THC, even if you consumed the substance legally in another state days earlier.
Understanding the Potential Penalties
If authorities detect marijuana inside your body while you travel through the state, you could face aggressive prosecution. Penalties may include:
Local judges must follow strict sentencing guidelines that offer very little room for leniency or sympathy.
Protecting Your Future
An unexpected arrest in Pennington County can instantly disrupt your life and you may want to seek help from a defense attorney immediately. Skilled legal advocates know exactly how to challenge flawed tests and dispute unlawful traffic stops. They protect your rights during every phase of the process. They work hard to expose errors in the state’s case, minimize your exposure to severe penalties and increase your chances of a fair outcome.
]]>On Behalf of Skinner Law Office, P.C.<![CDATA[The “open carry” trap: When a legal sidearm becomes “brandishing”]]>https://www.mattskinnerlaw.com/?p=495742026-05-11T14:50:50Z2026-05-11T14:50:50ZImagine a person who carries a firearm legally in South Dakota for personal protection. The state allows constitutional carry and they exercise their Second Amendment rights responsibly. A disagreement breaks out in a parking lot and the argument escalates. The other person later calls police and claims the individual with a firearm threatened them with a gun even though they never touched it.
How legal carry crosses into criminal brandishing
South Dakota law protects your right to carry firearms but prosecutors can charge you with crimes based on how you carry or display that weapon. Under South Dakota law, aggravated assault includes threatening someone with a deadly weapon, which can apply even when you never physically brandish or point your firearm. The line between legal possession and "criminal brandishing" depends heavily on perception and intent:
Intentional display to threaten: Showing your firearm or drawing attention to it during a confrontation to intimidate or threaten someone crosses into illegal territory.
Witness interpretation: The other person's perception matters greatly and their claim that they felt threatened by your actions can form the basis for criminal charges.
Context of the situation: What you were doing when the gun became visible, your words during the encounter and the overall circumstances all affect how law enforcement views the incident.
No actual touching required: You do not need to draw the weapon or point it at someone for prosecutors to charge brandishing or menacing crimes.
A gun that sits legally in your holster becomes evidence of a crime when someone claims your behavior made them fear you would use it.
Protecting yourself from false accusations
Your words and actions during any confrontation matter when you carry a firearm. Keep your hands visible and away from your weapon during arguments. Avoid any statements that reference your gun or could be interpreted as threats. Do not adjust your clothing to reveal your firearm or make gestures toward where you carry. Leave the situation quickly rather than continue arguing with someone who seems agitated.South Dakota values gun rights but the law still punishes using firearms to threaten others. False accusations happen and law-abiding carriers can face serious felony charges based solely on another person's claim about how they perceived your actions]]>On Behalf of Skinner Law Office, P.C.<![CDATA[What happens when you refuse the preliminary breath test?]]>https://www.mattskinnerlaw.com/?p=495352026-03-04T07:42:53Z2026-03-04T07:42:53ZRoadside PBT is a quick screening tool
The PBT provides officers with a quick roadside screening number during a traffic stop. Law enforcement uses this handheld device to gauge possible impairment and decide whether probable cause exists to make an arrest.
Officers often rely on the PBT alongside field sobriety observations. But courts usually do not treat the portable reading as the formal evidentiary result because handheld devices can vary in reliability.
Station breath tests are the evidentiary standard
A station breath test or blood draw provides the formal evidence prosecutors use in court. These tests occur at a police station, hospital or testing facility using calibrated equipment that follows strict maintenance and documentation requirements. Testing procedures also include chain-of-custody rules so the results can stand up in court as reliable scientific evidence.
South Dakota law treats refusal as an administrative offense
South Dakota law treats driving on public roads as implied consent to chemical testing. When you refuse a lawful request for testing, the state can pursue administrative action against your driver’s license under South Dakota’s implied consent statutes.
Refusal can also affect the criminal case
Refusing the PBT does not stop a DUI investigation or prevent charges. Officers can still arrest you based on driving behavior, field sobriety tests and other observations during the stop. Prosecutors may also point to the refusal itself when arguing impairment. In other words, refusal does not remove criminal exposure and can become part of the evidence discussed in court.
Take these immediate steps to protect your rights
Write down what happened during the stop while the details are still fresh. Save any phone video, gather witness names and request the administrative hearing right away so you do not miss the deadline to challenge a license suspension. Speaking with a DUI lawyer can help you understand where you stand and what to do next. Having that guidance early often makes the situation easier to handle.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[The danger of ‘talking your way out of it’ with friendly police]]>https://www.mattskinnerlaw.com/?p=494632026-02-10T11:19:16Z2026-02-10T11:19:16Zmay consider arrest while the interaction still feels casual. A friendly tone does not change legal standards, which can make early conversations carry more weight.
Understanding why friendly police conversations still carry legal risk
You may see friendliness as flexibility, but officers may speak casually while they assess what happened. Even when the interaction feels relaxed, officers may focus on facts to decide whether enforcement action may follow. Statements made outside custody may still matter later or appear during review.
In South Dakota, officers often focus on facts rather than tone. Calm conversations may still support investigative decisions. Politeness may not limit authority. When you speak at length, you may give more information than you intend.
Recognizing when casual explanations can shape evidence and outcomes
When you try to clarify events quickly, you may add details that can shape the narrative. Small remarks may form timelines or suggest where you were at a specific time. Emotional responses may also affect interpretation. Consider the following common risks:
Sharing long explanations that can create inconsistencies
Agreeing with assumptions to appear cooperative
Filling silence with unnecessary details
Explaining motives in ways that can suggest intent
You may benefit from slowing down before responding. Careful communication may reduce confusion and may limit unintended legal consequences.
Key considerations when deciding what to say to the police
A friendly interaction can still carry legal weight. You may choose to pause, listen carefully and think before speaking. Thoughtful communication may help you reduce the chance of added complications during early contact with the police.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[Shoplifting charges risk more than a simple fine]]>https://www.mattskinnerlaw.com/?p=494542025-12-30T13:45:52Z2025-12-30T13:45:52ZEven misdemeanors have significant penalties
Many cases of shoplifting lead to petty theft charges. The difference between grand theft and petty theft is primarily the value of the merchandise. Typically, the property must be worth $1,000 or more for the state to bring grand theft charges. Allegations of grand theft lead to felony prosecution.
However, even misdemeanor shoplifting charges are serious. If the assets are worth less than $400, the defendant may face a Class 2 misdemeanor charge. If the offense involves property worth more than $400 but under $1,000, then it is a Class 1 misdemeanor.
The penalties for a Class 2 misdemeanor include up to 30 days in jail and fines of up to $500. A Class 1 misdemeanor can carry up to a year in jail and $2,000 in fines. Additionally, the defendant accused of shoplifting may have a permanent criminal record that influences their future indefinitely.
Educational institutions, landlords and employers typically perform background checks and may not offer opportunities to those with prior criminal convictions. While some people walk away from shoplifting charges with only a fine to cover, jail time is a possibility. The impact of a criminal record is also critical to consider when responding to shoplifting allegations.
Defendants accused of shoplifting may be able to exonerate themselves if they have strong legal support during court proceedings. Fighting shoplifting charges can help people avoid convictions that limit their future opportunities and the penalties that the courts might impose. People with support can increase their chances of beating their shoplifting charges accordingly.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[How a South Dakota criminal record affects Rapid City gun rights]]>https://www.mattskinnerlaw.com/?p=494482025-11-25T10:23:04Z2025-11-25T10:23:04ZWhen your life includes a past mistake or conviction, you may wonder how it shapes your future, especially your right to own or carry a firearm.
Many Rapid City residents feel frustrated or confused when they try to understand South Dakota’s gun laws. The rules can feel technical, but your concerns are real. Knowing where you stand allows you to make safe, informed choices without risking further legal trouble.
Understanding how convictions affect firearm rights
South Dakota follows both state and federal rules for gun ownership. This means certain convictions can limit your rights, while others may not affect you at all. Your specific charge, sentencing details and history determine what you can legally do.
When firearm possession becomes restricted
Some convictions trigger automatic firearm prohibitions. You need to know if you fall into one of these categories to avoid new charges for unlawful possession. Remember, each restriction carries serious consequences if ignored:
Felony convictions: If you were convicted of a felony, you cannot own or possess a gun under both state and federal law.
Domestic violence offenses: Crimes involving harm against a household member, including certain misdemeanors, can block you from owning or buying a firearm.
Protective orders: A current protection order that meets federal criteria can temporarily prevent you from having a gun.
Drug-related convictions: Some drug offenses, including those involving controlled substances, limit firearm rights under federal law.
Deferred or suspended impositions: Even when a charge does not result in a traditional conviction, it may still affect your rights until the record is sealed or conditions are met.
These rules can apply differently based on your exact circumstances. Therefore, do not assume your rights are lost or fully restored without checking.
How you may restore your rights
Some people can regain their gun rights, but the process depends on the type of conviction. South Dakota allows restoration after you complete your sentence for certain offenses. On the other hand, more serious convictions require a pardon. Federal restrictions may also apply, which makes the process more confusing. Still, many Rapid City residents discover they have more options than they expected once they speak with someone who understands the law.
Moving forward with clarity
Gun laws can feel unforgiving, especially when you are trying to rebuild your life. You deserve clear answers so you can protect yourself and avoid new legal risks. Taking time to learn where you stand can help you make grounded decisions and regain a sense of control as you move forward.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[Open container laws you need to know for a South Dakota road trip]]>https://www.mattskinnerlaw.com/?p=494472025-11-24T07:23:01Z2025-11-24T07:23:01ZDriving under the influence (DUI) puts everyone at risk. You might think that having an open can of beer in your car during a scenic drive through the Black Hills is harmless, but South Dakota takes this matter very seriously.
If you get pulled over for a routine check, that open container in the cup holder can quickly derail your entire trip and land you in serious trouble. Thus, understanding South Dakota’s open container law helps you stay safe on the road and avoid potential legal complications.
Understanding the open container law
South Dakota prohibits open containers of alcoholic beverages in vehicles. The law further defines open containers. Open containers are any bottles or cans with a broken seal or partially consumed alcohol inside. Additionally, this law applies not just to the driver but to all the passengers inside the vehicle as well.While South Dakota maintains these strict standards, the rules change once you cross into neighboring states.
How crossing state lines changes the rules
If you’re planning a multi-state road trip from South Dakota, you need to know that open container laws can sometimes vary across state lines. Most states follow similar strict regulations, but some areas have more lenient approaches.Here’s what you should know about states with different rules:
Mississippi and Virgin Islands have no open container laws in place.
Connecticut, Delaware, Missouri, Rhode Island, Tennessee and Virginia prohibits drivers from consuming alcohol but allows passengers to drink.
Regardless of where your road trip takes you, knowing your legal rights and how DUI laws apply remains essential if you encounter law enforcement.
Staying safe on the road and beyond
Understanding how open container laws vary by state helps you stay safe on the road during your road trip. If you’ve been pulled over with an open can of beer in your cup holder, then consulting with a legal professional is always your best course of action.An attorney can help you understand your rights and navigate legal processes effectively. Lastly, they can advocate for your rights on the road and in any legal proceedings that follow.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[How felony charges could cost South Dakota hunters their firearms]]>https://www.mattskinnerlaw.com/?p=494312025-09-15T11:48:06Z2025-09-15T11:48:06ZFelony and misdemeanor convictions affecting hunting rights
Courts may revoke your hunting, fishing or trapping privileges after specific wildlife convictions. A Class 1 misdemeanor under game and fish law can result in a revocation at sentencing.
Taking big game at night, during a closed season or without a license can bring penalties that include multi‑year loss of privileges. South Dakota also belongs to the Interstate Wildlife Violator Compact, so a revocation here or in another member state can extend across state lines.
Criminal charges impacting firearm ownership in South Dakota
State law can bar firearm possession for 15 years after discharge if you have a conviction for a crime of violence or one of several listed drug felonies. Other drug felonies can carry a 5‑year prohibition after discharge.
A misdemeanor domestic violence conviction can impose a 1‑year prohibition under state law, and federal law can impose a longer one in some cases. Because of this overlap, review both state and federal rules before handling a gun again.
Essential actions protecting hunting privileges and gun rights
You can start the following steps promptly to improve your chance of staying eligible for future seasons and lawful firearm possession:
Identify each pending or past charge that can affect a license, a permit or firearm possession
Attend every court date and pay the required amounts on time to reduce the risk of added penalties
Keep discharge papers, revocation dates and any restoration orders in one file you can present when asked
These actions can demonstrate compliance and can help you maintain access while your case moves forward.
Protecting your outdoor rights after criminal charges
A felony or serious misdemeanor case may involve more than fines or probation. Such charges could restrict your hunting seasons and your ability to possess firearms in South Dakota. By reviewing the rules, completing each requirement and keeping records, you may reduce the chance that a felony or serious misdemeanor charge could remove your outdoor privileges.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[Sturgis Rally arrests: What happens with my case if I am out of state?]]>https://www.mattskinnerlaw.com/?p=494292025-08-21T23:50:11Z2025-08-21T23:48:28ZAs you head home after the Sturgis Motorcycle Rally, you might be facing some unexpected legal challenges. Many attendees find themselves dealing with arrests, missed court dates or warrants after the event ends. Let us explore what comes next and how to handle these issues, even if you're far from South Dakota.
The aftermath of the rally
During the rally, it is easy to get caught up in the excitement and find yourself in trouble with the law. Common charges include:
Motorcycle DUI
Weapons violations
Drug offenses
Assault
These can lead to serious problems, like fines, losing your license or even jail time. If you got arrested during the rally, you might have a court date coming up. Missing this date can make things worse.
Missed court dates and warrants
If you miss your court date, the judge might issue a bench warrant for your arrest. This means the police can arrest you if they find you. It's a big deal, even if you are back in your home state. The warrant will stay active until you deal with it.
Clearing things up from out of state
You don't have to come back to South Dakota to fix these problems. Here's what you can do:
Contact the court: Call the court where your case is and explain your situation. They might help you set up a new court date.
Try to quash the warrant: Your criminal defense lawyer may be able to petition the judge to cancel the warrant, especially if you had a good reason for missing court.
Negotiate from afar: In certain cases, your lawyer can work out a deal with the prosecutor without you being there. He may even get your charges reduced or dropped.
Remember, ignoring these problems won't make them go away. It is best to deal with them as soon as possible. With the right help, you can clear up your legal troubles and make sure they don't follow you home from Sturgis. Don't let a fun rally turn into a long-term headache – take action now to protect your future.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[Underage drinking and driving: What parents and teens should know]]>https://www.mattskinnerlaw.com/?p=494282025-08-18T03:37:32Z2025-08-18T03:37:32ZThe first months after a teen has their driver’s license can be extremely tense for parents. Just having an inexperienced young driver out on the road is stressful enough. If that young driver is charged with driving under the influence, parents generally want to help minimize the consequences for them.
South Dakota, like other states, has a “zero tolerance” law for drivers under 21. Specifically, it’s a misdemeanor to operate or even “be in actual physical control” of a vehicle with a .02% blood alcohol concentration (BAC) or higher. Those convicted of this offense can face a 30-day suspension of their driver’s license, a $500 fine and up to 30 days of incarceration. If they cause damage or injuries in a crash, they can face additional penalties. If they face civil liability for damages and injuries, the cost can fall to the parents – particularly if the teen was driving their vehicle.
The Juvenile Division of the SDDOC
Drivers who are not yet 18 who are guilty of DUI or other criminal charges are typically placed in the Juvenile Division of the South Dakota Department of Corrections (SDDOC). This means they likely won’t have to deal with the adult justice system or be placed in a jail or prison.Depending on their offense, their criminal history (if any) and other factors, like possible substance abuse or addiction issues, they can be placed in a private program, facility or treatment center. These alternatives are intended to help teens develop better habits and to get professional supervision during and after their stays. Nevertheless, they are considered “juvenile offenders.” Even after they’re “commitment” is over, they have “aftercare” requirements that include “a range of interventions and treatment services tailored to the specific needs of each juvenile.”The juvenile corrections system may help troubled teens who need some guidance and positive alternatives for their lives. It may indeed incentivize a teen to take the law more seriously. However, most parents would rather their child not have to deal with any aspect of the corrections system, where they might encounter other teens who are a bad influence on them.It might be tempting, at least at first, to let your teen face the consequences of their actions. However, it’s still crucial that their rights are protected. Getting legal guidance for your teen if they’re charged with underage impaired driving or another offense is a smart move that can determine the direction of their future.]]>