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 over 3 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 over 3 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. Am I allowed to talk to the judge at my arraignment. I am charged with domestic assault strongarm strongarm strangulation.

    Answered almost 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...

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

    Answered almost 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...

  5. 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.

  6. 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.

  7. Hi There, i have a question and need answers fast. My boyfriend and a few other of his friends have been arrested..

    Answered over 3 years ago.

    1. Tana Marie Fye
    2. Edward William Hastie III
    2 lawyer answers

    You should hire an attorney (and the others arrested should each hire their own attorneys as well) and cease speaking about the case with anyone but that attorney. Without any other information about the charge, the facts, or prior convictions, it is difficult to give you any likely outcomes of the case or potential penalties. Your attorney, after reviewing the charging documents and discussing the facts of the case with you, should be able to give you advice about how to proceed and what...

  8. If my husband was married when we got married would our marriage be legal?

    Answered over 3 years ago.

    1. Tana Marie Fye
    1 lawyer answer

    No. Your marriage would not be valid; it would be null and void from the beginning of your marriage. This is true, unless your husband believed his wife to be deceased at the time that you two were married. If your husband believed his wife to be deceased at the time that you two were married, the marriage would be valid until a court declares it void. If your husband knew that his wife was alive and that they were still married at the time that the two of you were married, he could...

  9. How do i get a law passed against human trafficking in South Dakota?

    Answered over 3 years ago.

    1. Tana Marie Fye
    2. Paul Joseph Beckman
    2 lawyer answers

    Another option is to start contacting your local state legislators. The really great thing about being in such a small state is that the legislators are extremely accessible. They may be willing to sponsor the bill themselves, or at least point you in the direction of another legislator who may be willing to sponsor the bill. I would recommend pulling the state laws from states similar to South Dakota, geographically, politically, and with similar laws in general. Iowa, Nebraska,...

  10. A 15 year old high school student had knives in his vehicle on school property in south dakota. Is this a felony?

    Answered over 3 years ago.

    1. Tana Marie Fye
    1 lawyer answer

    First, as the individual is a 15 year old, the matter would most likely be prosecuted in juvenile court, not adult court (although the State's Attorney could remove it to adult court or could file it in adult court if he/she so chose). Therefore, the matter would be called a juvenile adjudication, and could be sealed upon the student reaching age 18. This means that the penalties potentially would be different as well. That being said, SDCL 13-32-7 makes intentional possession of a...