October 24, 2024 – Attorney Newmark Wins Dismissal Of Felony Drug Charges

Attorney Eric Newmark’s client was charged in Fall River County (Hot Springs) South Dakota with three felony drug charges. The charges were brought following the search of a van in which the client was a passenger. Newmark challenged the lawfulness of the search. At a contested hearing, the arresting officer admitted the sole basis for the search was the odor of raw marijuana. Newmark argued to the Court that since medical marijuana is legal in South Dakota, more is needed to justify the search. The day before the Judge was set to issue a decision, the State filed a dismissal notice, agreeing that his client should have been asked if he had a valid medical card before the search was conducted. Each felony count carried a maximum penalty of fifteen years in prison.