Answered 6 years ago|
I don't understand? Someone called the police on you and did they or didn't they find a gun on your person (you)? Was there corroboration by other witnesses? A citizen's arrest? Someone can make a citizen's arrest (non police) in your state if: 23A-3-3. Citizen's arrest. Any person may arrest another:
(1) For a public offense, other than a petty offense, committed or attempted in his presence; or
(2) For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it.
Source: SDC 1939 & Supp 1960, § 34.1608; SDCL, § 23-22-14; SL 1978, ch 178, § 16.
So, if the person made a citizen's arrest of you and called the police, that's person's testimony can be used against you. Have you been arrested? Do you have a public defender? Do you have private criminal defense counsel? Try www.attorneypages.com
or the South Dakota state bar or legal aid.
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and retain an attorney to represent you.