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Answers to Questions about Criminal Defense Cases
How are Crimes Classified?
In South Dakota there are typically three classifications of crimes. They are as follows:
FELONIES: There are six (6) classifications of felonies. They are commonly referred to as Class 6 through Class 1 Felonies and they are as follows:
- Class 1: Punishable by up to a lifetime in the State Penitentiary.
- Class 2: Maximum sentence: 25 years in the State Penitentiary
and/or $25,000 fine.
- Class 3: Maximum sentence:
15 years in the State Penitentiary
and/or $15,000 fine.
- Class 4: Maximum sentence:
10 years in the State Penitentiary
and/or $10,000 fine.
- Class 5: Maximum sentence:
5 years in the State Penitentiary
and/or $5,000 fine.
- Class 6: Maximum sentence:
2 years in the State Penitentiary
and/or $2,000 fine.
MISDEMENORS: There are two (2) classifications of misdemeanors. They are commonly referred to as Class I and Class II misdemeanors as follows:
Class I: Punishable by up to 1 year in jail and/or $1,000 in fines. Some of the most common Class I misdemeanors are:
- Driving Under the Influence – First or Second offense in 10 years;
- Reckless Driving
- Simple Assault
- Stalking
- Petty Theft: $100 to $500
Class II: Punishable by up to 30 days in jail and/or $200 in fines. Some common Class II Misdemeanors are:
- Disorderly Conduct
- Petty Theft 2%: $.01 to $99.99
- Careless Driving
PETTY OFFENSES: There are many petty offenses, which are often traffic related. These offenses generally require a court appearance but if the fine is paid the offense is complete. These offenses generally only carry a fine as a punishment.
What Are Miranda Warnings?
In a case called Miranda v Arizona, the United States Supreme Court outlined how the police were to conduct a “custodial interrogation”. Anytime a person is considered to be in “custody” and law enforcement wishes to “interrogate” (questions about a crime) the defendant, law enforcement must read you your rights. Law enforcement must inform you that you have the right to have a lawyer and if you cannot afford one the court will appoint one for you, and warn you that anything you say can and will be used against you. Should the police fail to do your statements may suppressed by the Court and not used against you in the court of law.
Do I Have To Talk To The Police?
No you do not have to talk to the police. However, if you are a suspect of a crime that was committed, this is always a very difficult question. Even though you do not have to talk to them, there are certain cases in which you may want to talk to them. It is best to talk to them with your attorney present. The courts permit the police to engage in lying to deceive suspects during questioning in order to gain a confession. Since law enforcement officers are trained and experienced in interrogating people, it is highly recommended you have an experienced defense attorney to help you. Call Alvine & King today and let one of our experienced defense attorneys advise you through this confusing and extremely important time.
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