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Questions Answered by Lucas Wynne
1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: If a dog is found by someone and they decide they can't keep the dog for less than 24 hrs, can they rehome it?

My dog was running on our land and picked up by someone. The person then decided to rehome and request people to come get him in less than 24hrs. Is that legal?

Lucas Wynne
Lucas Wynne answered on Jun 17, 2020

Can they legally keep your dog? Unlikely. Your remedy is to call the police, who will likely tell you it is a "civil matter." Your remedy is to then bring a small claim against the person holding the dog for the return of the dog.

1 Answer | Asked in Civil Rights for North Dakota on
Q: Can police look through windows of your house if there are cars in the driveway and feel it could possibly be a party?

My daughter was recently detained while in North Dakota. I have spoke to the police and they claim tgey received a anonymous tip of a possible party because of cars in the driveway. 4 police officers hid in the woods for 2 hours and claim they saw what appeared to be someone underage drinking... Read more »

Lucas Wynne
Lucas Wynne answered on Jun 17, 2020

Your first mistake is speaking to the police without a lawyer - it's a no-win game. Your daughter need a lawyer.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: Question regarding harassment in mobile home park community.

We live in a mobile home community. Park manager’s brother lives next door. We had an incident last week where he harassed my daughter when she was outside on our deck because we complained about his dog being off leash (against park and city rules/law) to the corporate office. I made a police... Read more »

Lucas Wynne
Lucas Wynne answered on Jun 17, 2020

If the lack of criminal history is a condition of the leasing contract that you relied upon, you could potentially sue the trailer park.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Being charged with a felony that he did not commit

my boyfriend and I got into a fight my sister called the cops and now he is in the Ward County Jail being charged with interference of a 911 call and nobody called 911 can anyone help us with this?

Lucas Wynne
Lucas Wynne answered on Jun 10, 2020

Any criminal defense attorney licensed here in North Dakota can help.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: How can I be arrested for dus when the arresting officer said he seen me driving but has no actual proof

Then on my first court appearance says he not absolutely sure it was me he seen driving. Why am I still having to go to court for this

Lucas Wynne
Lucas Wynne answered on Jun 10, 2020

When you walk into the courtroom, the odds are often stacked against you. The answer here is likely that you need an attorney. The place to prove or disprove a claim is trail, not the first appearance.

1 Answer | Asked in Criminal Law for North Dakota on
Q: If I am sentenced with time suspended and I’m put on probation. If I have my probation revoked

Should I have to finish my original sentence or is the court allowed to throw out the first sentence except for the fines and re sentence me for the same crimes??

Lucas Wynne
Lucas Wynne answered on Jun 10, 2020

Revocation on a charge can certainly occur due to a conviction on a new charge. However, a criminal defense lawyer would usually negotiate out a deal on the revocation that runs along with the new charge. Revocation is not required to be up to the original maximum but certainly can be.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: Can an ex legally demand your dog to go with them?

My ex and I broke up in September of 2019. 2 months later he asked to take our dog from me and I said no because he did not have his own place to live yet. A few months later he asked if a friend could come take him from me to take to my ex, I said no because I was not comfortable with someone else... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 28, 2020

Costly fight over a dog? That's a laugh. Dogs are deemed property. Because that dog is probably worth a couple hundred dollars (at most) in the eyes of the state, the most expensive thing he could likely due is bring you to small claims court or file another civil case.

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was blind sided with a federal charge of sexual exploitation of a child and possesion of 14 child porn images.

My own blood cousin says i had naked pictures of her kids in my phone.

Both kids deny anything ever happend amd i never took there photos and we have CAC forensic interviews to prove this.

What are the odds of the jury aquiting me becase the kids deny this ever happend???

Lucas Wynne
Lucas Wynne answered on Apr 28, 2020

I have represented numerous people with this type of criminal offense. You need an experienced lawyer yesterday. Federal charges are very difficult to beat and it is EASY to make the wrong decisions that can land you additional years in a federal case if you do not have a lawyer who knows what he... Read more »

1 Answer | Asked in Divorce for North Dakota on
Q: In North Dakota if I leave my husband can he count that as abandonment and not give me my half of the house?

We have been married for 16 years and have lived in this house for 9 years.

Lucas Wynne
Lucas Wynne answered on Apr 22, 2020

You may be looking for 14-07-11 and 14-07-11 of the North Dakota Century Code. But the better answer is that you need an attorney to help you file for a divorce. Divorce can be quick and relatively painless if settled by way of agreement or collaborative family law.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Want to lease my home out, but it’s not paid for yet? Can we buy another house at this time?
Lucas Wynne
Lucas Wynne answered on Apr 22, 2020

The short answer: call your bank (for mortgage restrictions), call your city (for rental permits).

1 Answer | Asked in Business Law for Minnesota on
Q: If I payed myself at my company would that be embezzlement
Lucas Wynne
Lucas Wynne answered on Apr 11, 2020

This question is way too vague. Can you embezzle from a company holding money that belongs to you and is owned 100% by you? Very unlikely.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: Can I still look into suing a company from last June for being spray by Chemicals?

I live in the country in rural Mower County MN. Surrounded by fields. June 3 my kids and I were out in the back yard kids were in the pool I was working on some brush piles. The winds were 30mph + from the South that day and Northern County Coop decided to spray herbicides that day with a brand new... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 11, 2020

If you suffered an actual injury, sure you can sue. But you will need to be able to prove that injury. Medical records are where you start.

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for North Dakota on
Q: Can i bring legal action against an adult who tried to help my minor run away.

My son is 15yrs old. He is on supervised probation. He has been in and out of facilities several times for behavior. He ran away last night and is now in police custody in a hospital. His aunt helped him and was coming to take him to a different city without permission. What can I do? His aunt has... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 11, 2020

Call police to report

3 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Is there anything that clearly defines "plain sight", either federally or in Minnesota law?

I believe that the case against me is questionable as they used "plain sight" as reason to pull me over after they searched my vehicle in my absence. Unlit parking lot, tinted windows, an hour and a half after sunset. But for the life of me I cant find a clear definition of what... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 11, 2020

I might suggest that you quickly retain an attorney. The odds of being able to successfully argue the plain view doctrine on your own are slim.

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1 Answer | Asked in Civil Litigation for North Dakota on
Q: I am in North Dakota and I decided to sell my 05 Honda Pilot but I had problem with the buyer and I repoed the car

I decided to help this girl and gave her a very deep slash on the price. The main reason I gave her such a price was that it would help her and it would honor my wife as i think she would approve, I had to speed up the sell and I asked her for $600 down and $400 to come and they agreed and I told... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 7, 2020

Sounds civil

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: If my dog bites a kid that came to him without permission or being warned that he has not been near kids is it my fault?

Hypothetical question. Was told by my brother and sister in law it would be my fault. My dog is a Sheltie and is very expressive before taking action also has not bitten anyone. I am concerned with how kids act around dogs and dont listen very well that I will have to put my dog, who is my ESD for... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 7, 2020

No attorney can predict the outcome of a case with accuracy. With that being said, if you knew these kids were coming towards your dog and the dog bites them, it sounds like you are the one most likely to lose in that situation because you already knew what was going to happen.

1 Answer | Asked in Criminal Law and Workers' Compensation for North Dakota on
Q: On traffic stop.How long must one wait if after not giving permision 4 car search for a canine cop to show 2 search car

Picked up for no blinker used my passenger sez he has a warrant, and tries to hide on floor under food containers.which didnt work for him to well. His warrant. Was for not appearing for drug paraphernalia charge in different county. They said because I wouldnt allow search and his history of drug... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

There is way too little information here to make a legal determination. If you are facing a criminal charge, you need a lawyer.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Advice on retail theft case

I am being charged with retail theft. I paid with my phone and the payment I found out later did not go through properly. This has happened to me in the past and when I realized it I came back to the store and paid without a problem .. I don’t want retail theft on my record when it was an... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

Hire a lawyer to prove your case.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I got a dog from a friend that was asked by her friend( owner of the dog) to find her a new home -

2 months later her owner changed their mind and wants her back- can she legally come and take the dog since she didn't even look for it for over 2 months ? Does she need to pay me for the Vet Bills I had to pay to get the dog fixed and vaccinated?

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

Dogs are property, it could likely be argued that she relinquished the property. Potential small claims court case.

1 Answer | Asked in Child Custody for North Dakota on
Q: Grandparent custody and moving the kids from North Dakota

My grandchildren are living in North Dakota with her father he has only had custody for 3 years prior to that they lived with my husband and I in Washington State. They are 13 and not happy or well taken care of by their father and stepmother there have been issues with physical and verbal abuse... Read more »

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

If they have been living in North Dakota the requisite amount of time, then it may be time for a child custody proceeding to be initiated.

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