Tana Marie Fye’s Answers

Tana Marie Fye

Holdrege Criminal Defense Attorney.

Contributor Level 7
  1. If the original divorce documents state nothing about child support after the child turns 18, does a person have to continue to

    Answered almost 4 years ago.

    1. Tana Marie Fye
    2. Steven Alan Fink
    2 lawyer answers

    The previous poster stated that child support continues until the child turns 19 or graduates from high school. That is not entirely correct. In South Dakota, child support only continues until age 18, unless the child is still in high school, in which case child support would continue until the child graduates from high school or turns 19. If the child is still in high school and is less than 19 years of age, then the child support obligation would remain. If the child is not in high...

    1 person marked this answer as helpful

  2. Is an agreement that took place over text messaging legaly binding?

    Answered almost 4 years ago.

    1. Tana Marie Fye
    1 lawyer answer

    Those text messages could be used as evidence to prove a valid and enforceable agreement between you and the potential buyer. However, evidentiary requirements, such as laying a foundation for the text messages (who sent them, who received them, how do we know that they haven't been altered, etc.) would still be required. In addition, simply because you believe an agreement exists from those text messages does not mean that a judge would necessarily see things the same way and would find that...

    1 person marked this answer as helpful

  3. Does a person who lives with another have any common law rites in nwbraska

    Answered 4 days ago.

    1. Tana Marie Fye
    1 lawyer answer

    The short answer is that there is no common law marriage. However, the person may have some rights to stay in the residence. You may have to proceed with a forcible entry and detainer (eviction) action if you'd like to have them leave the residence and they won't do so voluntarily.

  4. Could it be possible to avoid DUI conviction if the nurse did not remove the tourniquet during the blood draw?

    Answered 5 days ago.

    1. Tana Marie Fye
    2. Omer Jaleel
    3. Peter John Marek
    3 lawyer answers

    I'd suggest you retain an attorney. He or she would be able to find an expert to evaluate whether this would affect the results from the blood draw. I don't know that anyone on this forum would be able to answer definitively whether this would or would not affect the result.

  5. My brother called the cops & said I stole some of his shotguns from my moms house so the cops raided my apt no guns butfoundmeth

    Answered 7 days ago.

    1. Tana Marie Fye
    2. Tregg Robert Lunn
    3. Rixon Charles Rafter III
    3 lawyer answers

    You need to either retain an attorney or request court appointed counsel. This is not something that you should handle on your own or make any further statements about.

  6. My brother called the cops '& told them that I stole his shotguns from my moms house, so the cops raided my apt! They found no

    Answered 7 days ago.

    1. Tana Marie Fye
    2. Tregg Robert Lunn
    3. Ashley Lee Albertsen
    3 lawyer answers

    You need to either retain an attorney or request court appointed counsel. You may have a defense, but will need to have your own attorney evaluate all of the facts.

  7. I was put on probation and I was pulled over 5 days before my license was taken off revocation and I have paid all my fines

    Answered 18 days ago.

    1. Ashley Lee Albertsen
    2. Tana Marie Fye
    3. Tregg Robert Lunn
    4. Jennifer J Wirsching
    4 lawyer answers

    You need to either retain an attorney or request court appointed counsel. You haven't provided enough detail for an answer here to be able to help you. An attorney will be able to help you with the new charge and the probation revocation if there is one.

  8. Am I allowed to talk to the judge at my arraignment. I am charged with domestic assault strongarm strongarm strangulation.

    Answered about 3 years ago.

    1. Cindy Bassett
    2. Tana Marie Fye
    2 lawyer answers

    You are allowed to talk at the arraignment, but I would strongly encourage you not to. Anything you say will be used against you to prove this or any other charges, and will not help your case in the least. At the arraignment, the judge is not in a position to decide the facts of the case or to dismiss any charges. Your best course of action is to retain an attorney to represent you at the arraignment (as well as future court appearances) or ask for a court-appointed attorney at the...

  9. Are you always supposed to have your meranda rights read to you if your arrastted ?

    Answered about 3 years ago.

    1. Tana Marie Fye
    2. Cindy Bassett
    2 lawyer answers

    The test for whether Miranda rights are necessary is two part: (1) custodial (2) interrogation. If you were in custody, then Miranda rights were necessary before questioning began. However, to determine whether you were considered in custody at the time of questioning is a highly factual determination. You should definitely seek the counsel of an attorney to review the facts of your case to determine whether you have a challenge to use of your statements. In addition, you should refrain...

  10. My son is presently in jail in Washington state. He is going to be extradited to Rapid City for Grand theft and Larceny.

    Answered over 3 years ago.

    1. Tana Marie Fye
    1 lawyer answer

    At your son's first court appearance, he should request a court-appointed attorney. Based upon your description of his financial situation, it appears that he would likely qualify for one. In addition, your son should invoke his right to remain silent and not speak to anyone about the charges except for his own attorney.