Questions Answered by Lucas Wynne

Q: Can a prime contractor legally withhold money from 1 completed contract to compensate for a separate job contract?

1 Answer | Asked in Business Law and Contracts for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.

Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a conviction for you, it is probably worth exploring. You may be looking for what is called post conviction relief, but I would highly suggest you do not go about it on your own if it all possible. Call a few...

Q: Is there anything I can do to get my money back from the people who sold me a puppy that died within two days?

1 Answer | Asked in Animal / Dog Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Small claims court may be an option, but it depends on the situation.

Q: Can my divorce attorney later be the states prosecuting attorney against me in a child welfare case involving CPS or DHS

1 Answer | Asked in Family Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.

Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?

1 Answer | Asked in Employment Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you an opinion.

Q: I was walking on the curb of a street that had no sidewalk when a car clipped me with its mirror, breaking my elbow. The

2 Answers | Asked in Personal Injury for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Don't listen to the driver, it is time to get a lawyer.

Q: If I wanted to take the mother of my child to court for visitation rights would I need an attorney in the state she's in

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Generally, you will need an attorney in the state where the child has resided for the past six months.

Q: If my childs father is not on the birth certificate does he legally have any rights to her?

1 Answer | Asked in Family Law for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
No rights are established until a court order is in place.

Q: In North Dakota, my son took a bus had an accident he didn't have a permit can the parents lose there drivers license

1 Answer | Asked in Traffic Tickets for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Not enough information here. You may consider calling the local prosecutor.

Q: Recently charged with a DUI. First time offender, blew .175 at the station. Do I need a lawyer or just go to court?

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Nov 14, 2018
Lucas Wynne's answer
My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.

Q: What steps could I take after receiving a minor in consumption of alcohol (MIC) at the age of 18 to get off my record?

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Sep 7, 2018
Lucas Wynne's answer
You seek a diversion, deferral, or dismissal.

Q: I got a dui in Watford City ND and I live in Oklahoma and I can’t afford to make it back to court in ND what do I do?

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Sep 7, 2018
Lucas Wynne's answer
Call and hire a defense lawyer in North Dakota rather than allow a warrant that can impact your employment and housing options go unhandled. Attorneys like myself handle this exact situation every day.

Q: In North Dakota, If a girl is younger than 15, and says she is 18, (and looks 18) can you be charged for GSI?

1 Answer | Asked in Sexual Harassment for North Dakota on
Answered on Sep 7, 2018
Lucas Wynne's answer
Yes, your best bet is to call a criminal defense lawyer like myself to discuss your options before you speak with anybody or post information about your case online.

Q: Father of my daughter won’t let me see my daughter unless “I get a lawyer” I know this is not true

1 Answer | Asked in Family Law for North Dakota on
Answered on Aug 31, 2018
Lucas Wynne's answer
If it is a court ordered parenting plan, then you need to get an attorney to hold him responsible. If it is not, then you need to bring him to court to get one.

Q: Can you get 2nd off intent to deliver meth N.D.C.C. 19-03.1-23(1)(a)(1) if 1st is for 1/8 pot does 19-03.1-22.2 pertain

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Dakota on
Answered on Aug 31, 2018
Lucas Wynne's answer
You are way over your head on this and need a defense attorney. No attorney can give you a real answer until they see the charging documents and evidence. Even if the charging documents made an error, the evidence could negate that error.

Q: Can a mother refuse a father from seeing his child? There is no court orders or anything. He is paying child support.

1 Answer | Asked in Child Custody for North Dakota on
Answered on Aug 31, 2018
Lucas Wynne's answer
No order = no established rights. Time to bring it to court.

Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?

1 Answer | Asked in Criminal Law and Domestic Violence for North Dakota on
Answered on Aug 14, 2018
Lucas Wynne's answer
It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.

Q: I was sexually harassed at my job by the general manager I made the complaint to the owner of the company I was terminat

1 Answer | Asked in Sexual Harassment for North Dakota on
Answered on Aug 14, 2018
Lucas Wynne's answer
You should retain a lawyer to assist you. If your story occurred as-described, you likely have a claim. Attorneys like myself assist people who are wrongfully terminated for similar reasons.

Q: What should I do if I'm injured in a car accident and the other driver leaves the scene before I can get his/her info?

3 Answers | Asked in Personal Injury for North Dakota on
Answered on Aug 14, 2018
Lucas Wynne's answer
You will need an attorney to help you investigate the claim. Many attorneys who do personal injury claims (like myself) do not charge for investigation of the case. However, the willingness of an attorney to take on your specific case depends on the injuries sustained and likelihood of recovery. What types of injury did you sustain?

Q: So like 5 or 6 months ago i sold a puppy to my ex's cousin and she has never paid for him. I live in ND and she SD...

2 Answers | Asked in Animal / Dog Law for North Dakota on
Answered on Jul 18, 2018
Lucas Wynne's answer
I would likely bring the lawsuit in whichever state you sold the puppy.

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