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North Dakota Questions & Answers
0 Answers | Asked in Adoption for North Dakota on
Q: Step-parent adoption with bio-parent TPR in North Dakota.

My daughter's biological father's rights were terminated in Mississippi in 2021. We did not proceed with the step-parent adoption at that time. My daughter has now decided that she wants her stepfather to adopt her legally. I want this, and so does he. I have a scanned copy of the decree... View More

0 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: Is there an ammendment form that can be filled out,signed,submitted to court if couple is living together again. & agree

Together to stop child support without having to pay huge attorney fees

0 Answers | Asked in Health Care Law and Medical Malpractice for North Dakota on
Q: 7yr old mental crisis, suicidal/homicidal ideations & attempts. the mental hospital refused to take him inpatient

Despite my concerns, my child screaming 4 help,the severity of his mental crisis&the actions he had already taken; they told me he did not “meet the criteria” couldn’t tell me the “criteria he needed to be placed inpatient” I also demanded to know who this psychiatrist was that was... View More

0 Answers | Asked in Family Law for North Dakota on
Q: Can I request for my ex to take a UA in court while we are in the hearing for a disorderly conduct restraining order?

Or vice versa. She is the petitioner and im the respondent.

0 Answers | Asked in Criminal Law for North Dakota on
Q: What are the laws regarding cyberbullying in North Dakota?

If someone was found guilty of cyberbullying, would they go to jail in our state?

1 Answer | Asked in Civil Litigation and Landlord - Tenant for North Dakota on
Q: Do I have grounds for a lawsuit for false accusations by maintenance property manager

I have 2 esa dogs. I gave them the required paperwork showing that they are esa. Got a call asking if I had a third because my partner was seen walking with a dog. I told them i did not, and was met with hostility claiming they had to make sure because I allegedly had “duped” them into taking... View More

James L. Arrasmith
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answered on Apr 16, 2024

Determining whether you have grounds for a lawsuit based on false accusations by your property manager involves several factors. Generally, to pursue a defamation claim, you must prove that a false statement was made to others, that it caused you harm, and that it was made without adequate basis in... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Traffic Tickets and DUI / DWI for North Dakota on
Q: I got pulled over for window tint, even though it was legal, and the police did not meter it or give me a ticket of it..

But ended up giving me a dui because I refused the breathalyzer.

But the windows were of legal tint. Can I win and get it all thrown out?

James L. Arrasmith
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answered on Mar 29, 2024

If you were pulled over for window tint but were not ticketed for that specific issue, it indicates the initial stop may have been justified under the officer's belief that a violation occurred. However, the outcome of being charged with a DUI because of refusing a breathalyzer is a separate... View More

1 Answer | Asked in Tax Law, Immigration Law and International Law for North Dakota on
Q: I have an H2A worker that is on our farm since 2023 and needs advise on filing income tax responsibilities

He is waiting on a green card so will continue to stay here till 2025 hoping by then he has his green card. He also did not file taxes in his country in 2021 and 2022 when he went home. Our agent said we did not need to withhold taxes but now that he is staying here and we do not have a tax treaty... View More

James L. Arrasmith
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answered on Mar 20, 2024

Understanding and complying with tax laws is crucial, especially for H2A workers like the one on your farm. Since he is from South Africa and has been working in the U.S., he may need to file U.S. income taxes, despite the lack of a tax treaty between the U.S. and South Africa. The requirement to... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for North Dakota on
Q: Hello my brother passed away last Friday in North Dakota . I was told he was decease then alive. Do I have a case

I tried calling the girl answer the phone ( Madison ) refuse me to speaking with anyone . The hospital gave out information to non family members . I was told no one was available to talk to but the person answering the phone which I know isn’t true . Being told your love one is decease then a... View More

Lucas Wynne
Lucas Wynne
answered on Mar 23, 2024

No

1 Answer | Asked in International Law and Native American Law for North Dakota on
Q: Hello how do I go about getting rid of the Voice to skull Technology and Remote Neural Monitoring.?

I seek to get rid of the criminals spying on me and potentially illegally broadcasting my life and family’s life to the town, country and world.

James L. Arrasmith
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answered on Mar 31, 2024

If you're experiencing concerns about privacy intrusion through technologies like Voice to Skull (V2K) and Remote Neural Monitoring (RNM), it's essential to approach the situation with a clear and cautious mindset. These technologies, often discussed in speculative contexts, can evoke... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: Son had a public defender, but requested different. Then that PD ended up defending the person accusing my son in a

Federal drug case. Is that legal?

James L. Arrasmith
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answered on Jan 26, 2024

In the scenario you've described, where a public defender initially assigned to your son in a federal drug case ends up representing the person accusing your son, there are potential concerns regarding conflicts of interest. In legal practice, particularly in criminal defense, attorneys are... View More

Q: I'm hearing impaired and applied for a job and they denied me because of my hearing. They are a large oil company.

They did the interview and and all went well and then they found out I was hearing impaired and said they wouldn't hire me because of my hearing issues and when I asked if there was anything I could do with them that my hearing wouldn't pose a problem and that im open to do any work I can... View More

James L. Arrasmith
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answered on Jan 12, 2024

Under U.S. federal law, specifically the Americans with Disabilities Act (ADA), it is generally illegal for an employer to deny employment based solely on a disability, including hearing impairment, especially if the employer has 15 or more employees. This law requires employers to provide... View More

1 Answer | Asked in Nursing Home Abuse for North Dakota on
Q: Do you guys investigate money issues in nursing homes

My mom went from Parkwood place to Valley Senior Living,before she could get into Parkwood her funeral had to be paid for ,and it was ,after talking me into moving my id they had canceled her life insurance mom's bank account to their facility both of us were died taking money out for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2024

I'm sorry about the loss of your mother. A North Dakota attorney could advise best, but your question remains open for three weeks. Some questions go unanswered, but you could try reposting and including Probate, Estate Planning, and Elder Law as categories. Good luck

1 Answer | Asked in Immigration Law for North Dakota on
Q: My brother was denied visa into the US due to fraud that he was involved in in 2010.

Can he file Form I-192: Application for Advance Permission to Enter as Nonimmigrant? Where can this be filed since he lives abroad? is it with the consulate or embassy? Thanks

James L. Arrasmith
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answered on Dec 18, 2023

In cases like your brother's, where there's a previous incident of fraud leading to visa denial, Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, can be a path to consider. This form is used to apply for what is known as a "waiver of inadmissibility,"... View More

1 Answer | Asked in Employment Law for North Dakota on
Q: Is memorandum of understanding for tuition payment between employee/employer legally binding if the employee quits?

My employer paid part of my tuition and had me sign an MOU stating I would pay it back in full if my employment ended within 5 years of completing school. Is that legally binding if I quit or if I’m fired?

T. Augustus Claus
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answered on Dec 14, 2023

In North Dakota, the enforceability of a Memorandum of Understanding (MOU) outlining tuition repayment upon employment termination depends on the specific terms in the agreement and relevant state laws. Generally, contracts like MOUs are binding, but whether repayment remains valid if you quit or... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was convicted of shop lifting a 10.00 item and possession of paraphernalia for marijuana. I went to court and plead gu

Guilty but haven't paid my fines due to being unemployed. It was almost a year ago. If I pay the fines now could I still have to go to jail

Lucas Wynne
Lucas Wynne
answered on Dec 5, 2023

I highly suggest paying the fines before they revoke you.

1 Answer | Asked in Criminal Law for North Dakota on
Q: If I pay off outstanding warrants would I still have to go to jail?
James L. Arrasmith
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answered on Dec 4, 2023

Paying off outstanding warrants in Fargo, ND, or anywhere else, does not automatically mean you will avoid jail time. Warrants are issued for various reasons, including failure to appear in court or unpaid fines related to criminal matters.

When you pay off a warrant, typically, you are...
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1 Answer | Asked in Civil Litigation, Criminal Law and Legal Malpractice for North Dakota on
Q: If I go in to get my drug patch changed at the 24/7 program while I have an active warrant will I get arrested.

I have to report to the 24/7 program in Minot north Dakota and the day before I'm required to go in to change out my current patch, there was a warrant issued for my arrest. Can they arrest me at the 24/7 program even though my warrant is unrelated?

Lucas Wynne
Lucas Wynne
answered on Dec 5, 2023

Likely, but they’re going to come arrest you anyway and you’d be better off voluntarily turning yourself in; if you wait the judge will likely notice you didn’t go voluntarily when considering whether to let you out again.

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