If you’ve been charged with a crime in Box Elder, SD, then we recommend obtaining legal representation immediately. Our Box Elder, SD criminal defense lawyer at Loos, Sabers & Smith, LLP is ready to step in and protect your rights from the start. Please do not delay in getting a legal team to protect you. Contact us to schedule a free consultation to learn more about what we can do for you right now.

Why Choose Loos, Sabers & Smith, LLP for Criminal Defense in Box Elder, SD?

Criminal Defense Knowledge in South Dakota Courts

Michael C. Loos has spent more than three decades handling criminal defense cases in South Dakota. Since 1994, he has litigated in both state and federal courts, including the U.S. District Court for the District of South Dakota and the U.S. Court of Appeals for the Eighth Circuit. That depth of experience gives him a clear understanding of how the prosecution operates and what it takes to protect his clients as their proceeding moves forward. 

He is a founding member of Loos, Sabers & Smith, LLP. Outside of his legal practice, Michael coaches youth sports and serves on the boards of several community organizations. 

Michael Loos has earned a spot on the Super Lawyers list every year from 2017 through 2025 for personal injury work. Michael Sabers has been recognized by Super Lawyers for five consecutive years and was named a U.S. News & World Report Best Lawyer in 2023. Both distinctions are peer-reviewed, meaning other attorneys in South Dakota have vouched for their reputations.

A Firm With Decades of Litigation Experience

At Loos, Sabers & Smith, LLP, we have decades of combined legal experience across criminal defense, civil litigation, and complex disputes. Michael Sabers spent years as a law clerk to a South Dakota Supreme Court justice before building a trial practice with substantial appellate experience. When you’re facing charges, having an attorney with institutional knowledge and insight into the prosecution’s strategies makes a difference in your verdict. We can assist with motions strategy, trial preparation, appellate options, and more. 

What Our Clients Say

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“Everyone I spoke to and interacted with was extremely professional, knowledgeable, and thorough. I was always impressed after each encounter and knew I was in reliable hands with my case. I was highly recommend Clayborne, Loos, and Sabers to anyone in need of an attorney and they would be my first call if I needed representation again.” — Valarie Kauffman

Read more reviews on our Google Business Profile.

Types of Criminal Defense Cases We Handle in Box Elder

Criminal charges come in many different forms, such as a DUI, drug possession arrest, felony assault charge, and more. These are very different situations, but they all share one thing in common, that they carry consequences that can follow you for many years. Our Box Elder criminal defense attorney handles a range of cases throughout South Dakota, including:

• DUI charges. South Dakota’s implied consent laws and administrative license processes move quickly. A first offense carries fines, potential jail time, and license suspension. We address both the criminal and administrative sides of DUI cases, and we understand how field sobriety and chemical test evidence is challenged. We can discuss with you what to do after failing a sobriety test and how we devise common DUI charge defenses that are effective in court.

• Drug possession and related offenses. Possession charges in South Dakota can be charged as a misdemeanor or felony depending on the substance and amount involved. We look closely at how evidence was collected and whether your Fourth Amendment rights were respected during the stop, search, or arrest.

• Misdemeanor offenses. People sometimes underestimate how significantly a misdemeanor conviction can affect employment, housing, and professional licensing. The benefits of defending misdemeanor charges are real, and these cases deserve the same attention as felonies.

• Theft and property crimes. Shoplifting, theft by deception, and related charges all carry collateral consequences beyond the sentence itself. We’ve addressed top defenses for theft cases in South Dakota and apply those same strategies.

• Assault and violent offenses. Assault charges often involve disputed accounts of what actually happened. Eyewitness reliability, physical evidence, and prior interactions between the parties all factor into the defense.

• Traffic and driving offenses. Beyond DUI, charges like reckless driving and driving with a suspended license can escalate quickly, especially with prior convictions on record.

South Dakota Legal Requirements for Criminal Defense

Criminal cases in South Dakota are governed by the South Dakota Codified Laws (SDCL), which set out charging standards, procedures, and penalties for offenses across the state. We can discuss with you if there are any laws or statutes that impact the outcome of your criminal case. 

South Dakota follows an implied consent statute under SDCL § 32-23-10, meaning any driver operating a vehicle in the state is presumed to have consented to chemical testing if lawfully arrested on suspicion of DUI. Refusing a test triggers an automatic license revocation under administrative proceedings that run separately from the criminal case.

For drug offenses, SDCL Title 22 governs controlled substance charges and sets out schedules, quantity thresholds, and penalty ranges. A Schedule I or II possession charge can become a felony depending on the amount. Defendants in South Dakota have constitutional protections under the Fourth Amendment, which prohibits unreasonable searches and seizures. And under Miranda v. Arizona, there are protections which require that suspects in custody be informed of their rights before interrogation. Violations of either can form the basis for suppressing evidence.

Understanding these procedural rights, and invoking them correctly, is where the do’s and don’ts of facing criminal charges become critically important. Statements made before an attorney is present can be used against you.

Important Aspects of a Box Elder Criminal Defense Case

The Traffic Stop or Initial Contact

Most criminal cases in Box Elder begin with a traffic stop or a direct encounter with law enforcement. How that contact is handled, both by the officer and by you, sets the stage for everything that follows. We examine whether the stop was legally justified, whether the officer had probable cause or reasonable suspicion, and whether any evidence collected during that stop can be challenged. An unlawful stop can result in suppression of all evidence gathered afterward. Challenging your traffic stop is often the first line of defense in DUI and drug cases.

Evidence and How It’s Gathered

Breathalyzer calibration records, dashcam footage, body camera video, lab results on controlled substances, and eyewitness accounts all become part of the state’s case. Each of these can be scrutinized by our review. Equipment malfunctions, chain of custody issues, and inconsistent witness statements are legitimate defense angles. We don’t take the prosecution’s evidence at face value, as we know they may use certain evidence in a biased way that is unfair to our client’s position. 

Charges and Plea Decisions

Some cases go to trial, while many others resolve through negotiation. A Box Elder criminal attorney who understands what the state has and what it doesn’t is positioned to negotiate from a point of knowledge rather than uncertainty. Plea agreements, charge reductions, and diversion programs are all possibilities depending on the facts, the charges, and the client’s history. None of those options should be accepted without fully understanding the long-term consequences.

Sentencing and Collateral Consequences

A conviction carries more than a sentence, as criminal records in South Dakota affect employment background checks, professional licenses, child custody proceedings, immigration status for non-citizens, and access to federal housing and financial aid. We make sure clients understand the full picture before any decision is made. The future of criminal defense is increasingly about managing these downstream consequences, not just the immediate charge.

Prior Record and Repeat Offenses

South Dakota law provides enhanced penalties for repeat offenders in many categories. A second DUI, for example, carries mandatory minimum jail time under SDCL § 32-23-2. Prior convictions on your record also affect how prosecutors and judges approach your current case. That history needs to be part of the defense strategy from the beginning.

Contact Loos, Sabers & Smith, LLP

If you are facing criminal charges in Box Elder, SD, time matters. We offer free consultations for criminal defense matters. You can expect a direct conversation about your situation, what the charges mean, your options, and what we’d recommend doing next. Contact us to schedule your consultation with our criminal defense attorney serving Box Elder and throughout South Dakota.