Skinner Law Office P.C.FindLaw IM Template2026-09-28T10:56:46Zhttps://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[What South Dakota visitors get wrong about local firearm laws]]>https://www.mattskinnerlaw.com/?p=496272026-09-28T10:56:46Z2026-09-28T10:56:46Zcarry a concealed handgun without a permit. This makes many travelers assume gun laws are relaxed everywhere in the state. In reality, rules change the moment state lines are crossed. What is legal back home regarding concealed carry or vehicle transport can quickly lead to misdemeanor or felony charges in South Dakota.
Local courts do not grant free passes
When a traveler faces a firearm charge, a common reaction is explaining to the officer or judge that they live out of state and did not know the rules. However, the legal system operates under a strict standard. Ignorance of South Dakota law is never an acceptable defense in court.
Judges enforce local laws the same way for everyone. An out-of-state driver's license or a plane ticket home will not convince a prosecutor to drop a weapons charge.
Common location traps for out-of-state travelers
Even in a state with permitless carry, travelers frequently run into legal trouble by carrying weapons into restricted areas:
Federal grounds: Federal buildings, visitor centers and protected sites like Mount Rushmore operate under federal law. State permitless carry rules do not apply on federal land.
Tribal reservations: Sovereign tribal lands have their own distinct laws. Carrying a firearm across tribal boundaries without proper tribal authorization is illegal.
Places serving alcohol: Carrying a firearm while under the influence of alcohol or drugs remains strictly illegal. Taking a weapon into establishments that make most of their income from selling alcohol also leads to immediate criminal charges.
Private businesses and land: Property owners can ban firearms at any time. Ignoring a posted "No Guns" sign or refusing to leave when asked can quickly lead to trespassing and weapons charges.
A simple misunderstanding of these boundaries can turn a peaceful vacation into a costly legal battle.
How out-of-state visitors can fight local gun charges
An unexpected gun charge creates serious problems, but an arrest is not a conviction. The moments right after an arrest are critical for building a strong defense before charges settle.
An experienced Rapid City defense attorney can step in immediately to examine the officer's actions, challenge any improper search procedures and hold prosecutors to their strict burden of proof. This proactive approach can give out-of-state visitors a clear, aggressive defense tailored to protect their reputation and future.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[Can you be charged for someone else’s drugs or guns in your car?]]>https://www.mattskinnerlaw.com/?p=496252026-09-25T14:49:59Z2026-09-25T14:49:59ZWhen can something in a car count as your possession?
In South Dakota, prosecutors may charge you with possessing drugs or a firearm even if you never held or owned the item. The law refers to this theory as constructive possession. It generally depends on whether the evidence suggests you knew the item was there and had the ability to control it.
Your connection to the car may support that claim, but it does not automatically prove you knew about everything inside it. For example, police can question a car’s owner about a gun under the driver’s seat or ask a passenger about drugs in a bag beside them.
Investigators can consider where they found the item, who could reach it, what people said and other evidence. To prove possession, the state generally must establish that you knew about the item and had the ability to control it. Simply riding in the same car does not automatically mean you possessed it.
Potential consequences for drugs and firearms possession in South Dakota
The possible penalties depend on the substance, the alleged conduct and your record. South Dakota law defines controlled drugs and substances to include drugs listed in Schedules I through IV and certain altered substances absorbed into the body. Unauthorized possession of a Schedule I or II substance is generally a Class 5 felony; Schedule III or IV possession is generally a Class 6 felony.
The consequences may vary by charge and criminal history. They may include:
Drug possession: The felony class depends on the substance and charge. A conviction can bring prison time and fines.
Firearm possession after certain convictions: A person with a qualifying conviction may face a separate Class 6 felony charge for possessing or controlling a firearm. The law has exceptions, including one tied to when a person with a prior drug felony left custody or supervision.
Separate charges: Prosecutors may charge separate offenses in separate counts when the evidence supports them. If you receive multiple convictions, the court can order the sentences to run concurrently or consecutively.
A firearm’s presence in the car alone may not prove that you possessed or controlled it. The circumstances and any applicable restrictions often matter.
How you can respond to a charge
Keep records of who used the car, who had access to it and where police found the item. Avoid discussing the case publicly because your statements could become evidence.
Using those details, a criminal defense attorney can assess what prosecutors may be able to prove and explain how the law applies to your case. That guidance can help you make better decisions as the case proceeds.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[What should tourists know about Black Hills DUI enforcement?]]>https://www.mattskinnerlaw.com/?p=496232026-09-08T01:58:10Z2026-09-08T01:58:10ZWhat rally DUI numbers show
The Sturgis Rally provides a clear example of DUI enforcement during a major tourist event. South Dakota Highway Patrol data shows 114 DUI arrests across the Sturgis and Rapid City districts during the 2026 rally period.
That figure does not mean DUI arrests rise every year. To compare, the Highway Patrol recorded 119 arrests during the comparable 2025 period. Instead, the numbers show that officers continue to make a significant number of impaired-driving arrests during rally week.
Why the details of your stop still matter
Heavy DUI enforcement does not change what the state has to prove in your case. In South Dakota, you can face a DUI charge if you drive or control a vehicle with a blood alcohol level of 0.08% or higher. State law also applies when alcohol, marijuana or certain drugs impair your driving.
What happened during your stop becomes important when the state builds its case. That starts with why the officer pulled you over and what the officer observed afterward. If you took roadside sobriety tests or a chemical test, how police handled those procedures may also affect the evidence against you.
Review the details after an arrest
If you face a DUI charge, consider keeping your citation and test records together. Writing down what you remember also helps preserve details while they remain fresh. Reviewing that information may help you understand the charge, identify important issues from the stop and decide how to respond.]]>On Behalf of Skinner Law Office, P.C.<![CDATA[What career consequences can follow a Rally week arrest?]]>https://www.mattskinnerlaw.com/?p=496222026-08-11T09:14:55Z2026-08-11T09:14:55ZManaging workplace consequences after an arrest
An arrest can disrupt your job while the criminal case remains unresolved, even though it is not a conviction. If a written policy requires you to report the incident, failing to do so could lead to discipline apart from what happens in court.
Jail time or court dates can lead to missed shifts, which may threaten your employment. A charge involving impaired driving or drugs might also lead to administrative leave or closer review when you work in public safety, commercial driving or another safety-sensitive field.
Navigating licensing reviews and reporting duties
Professional licenses carry reporting duties beyond your employer’s rules. A licensing board might require you to disclose an arrest or charge when you apply for or renew a credential. It then decides whether the alleged conduct violates its standards.
South Dakota applications for educators, nursing facility administrators and accountants may ask about arrests, active charges or prior convictions. In some fields, an incomplete or false answer can become an additional basis for discipline.
Commercial drivers follow a different process. If you hold a commercial driver’s license and operate a commercial vehicle, you must report any traffic conviction other than a parking violation to your current employer within 30 days. The rule applies even if the offense occurred in your own car, but it begins after a conviction rather than an arrest alone.
Preparing for future background checks
How your case ends shapes what a future background check shows. A dismissal, acquittal or conviction creates a different record, and an arrest might still appear if no court has sealed it. A conviction for impaired driving, a drug offense, assault or disorderly conduct could affect hiring or promotion decisions.
South Dakota treats expungement as sealing information rather than destroying it. A dismissal or acquittal may allow you to ask the court to restrict access to an arrest record. The state also removes some low-level cases from public view after five years if you satisfy all court conditions and have no later convictions.
Protecting your career interests
Reviewing your employer’s policies and any licensing requirements can help you identify disclosure deadlines. The timing varies, and you may need to report the issue before your first court appearance.
Keeping certified copies of the final disposition gives you proof of how the case ended if an employer or licensing board asks. When evaluating a plea, you can weigh its possible effects on your current position, professional credentials and future ability to seal the record.]]>On 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.]]>