What Should I Know If I’m Arrested In South Dakota At The Sturgis Motorcycle Rally?

The most important thing to know about being arrested during the Sturgis Rally is that things move fast – and that means you need a good lawyer ASAP.

At Sturgis, defendants’ rights get glossed over due to the sheer number of arrests in what is usually a small town. The area police are perhaps the most aggressive force in the nation during the rally. Prosecutors and the courts want to keep things moving.

This need for speed in the criminal justice system does not work in your favor.

If you’ve been arrested, you’re probably feeling some intense emotions that could interfere with your judgment. Plus, you just don’t know if you’ll be facing jail, large fines or consequences back home. You don’t know if you would have to come back to South Dakota to defend yourself at a later date.

Some arrestees just accept the advice of law enforcement about what they are facing and what they should do about it. That’s a mistake.

The police or jail personnel will probably tell you that you can resolve your case today if you are willing to plead guilty. You could get to go back to the rally or head home, they’ll say. It’s tempting.

You need to take a step back and get some good advice.

You have never needed a lawyer more than you do at Sturgis. The minute you have access to a phone, call one. In the meantime, exercise your right to remain silent.

The Consequences Of Pleading Guilty Without Counsel Could Be More Serious Than You Know

Depending on what you’re accused of, the consequences of pleading guilty could have long-term effects on your life.

For example, pleading guilty to DUI in South Dakota could mean losing your driver’s license back home. If you plead guilty to a felony, you will lose your right to own a firearm for life.

It’s crucial to fully understand the charges against you, the penalties you’re facing and the real-world consequences of a guilty plea.

Get a lawyer to look over your case.

At the very least, a good lawyer may be able to get you a better plea deal than the one being offered now. Depending on the situation, a lawyer may be able to argue for lesser charges or even get your charges dismissed. Crucially, a lawyer can argue for a suspended imposition of your sentence.

What Is A Suspended Imposition Of Sentence, And Why Do I Want One?

A “suspended imposition of sentence” is a one-time opportunity people may have when charged with a crime in South Dakota.

In a suspended imposition of sentence, the judge finds you guilty but then puts your sentence on hold. As long as you comply with the judge’s conditions and commit no further crimes for a set period of time, you don’t have to serve your sentence. At the end of that period, your conviction is erased.

The events in Sturgis could still come up on a background check, but the conviction won’t be on your criminal record. And, if you’re asked if you’ve ever been convicted of a crime, you can honestly still say no.

What Should I Do Right Now?

For now, plead not guilty. Then, talk to a lawyer right away. Find out what you’re up against and see what your options are. Then, you can decide what option is right for you.