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Questions Answered by Lucas Wynne
1 Answer | Asked in Real Estate Law for North Dakota on
Q: Can the seller take a propane tank after the house was closed?

He told us the house had a 500 gal tank and a 1000 gal tank. He never said he was taking one. He came and took it AFTER we closed.

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

Sounds like a good time for small claims court. Get compensated for that tank.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can custodial parent move over 150 miles away in same state (north dakota)?

Also can they require the non-custodial parent to travel more than half the distance for their parenting time? Can the custodial parent deny weekday visits saying they can only do visits at a location closer to the custodial parent. Even if this language is not in the court order? The move was also... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

The court order contains all of the requirements. Everything else is just the other parent trying to pull a fast one. An order cannot require that a person never moves - but a person moving could, potentially, have other implications. Unfortunately, you will not get specific advice on this... Read more »

1 Answer | Asked in Child Custody for North Dakota on
Q: Can the court require legal representation to have a case heard?

A friend of mine is trying to get custody of her son who is being emotionally abused by his father (he has physical custody and they both live in ND). The courts are telling her they won't hear the case unless she has legal representation. She makes too much for legal aid and doesn't have the $5000... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

I feel as if information may be missing with this story. The facts are too vague, but a person DOES have the right to represent themselves.

1 Answer | Asked in Criminal Law for North Dakota on
Q: How do I answer"Have you ever been convicted of a felony?" if my record is sealed, but shows up on checks?

I plead guilty on a charge because I was told that the record would be sealed after two years of probation. I should have fought it, but it was cheaper and easier to plead than to fight it. I found out later I stay in the system on background checks. My state has a clause that says if I go 5 years... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

North Dakota does not say "five years and we treat it like it never happened." Instead, North Dakota has a period in which you can petition to seal your record. If you received a deferred imposition of sentence (which would seal it after probation) and it was never sealed, then petition the court... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: In the state of ND. If I fired my attorney at trial and requested a new one but the judge denied me a new attorney. Are

Their laws supporting me? I then represented myself but my original lawyer was on standby. I did not want her anywhere near me as she was not supporting me.

Lucas Wynne
Lucas Wynne answered on Sep 18, 2019

You have the right to an attorney at public expense if you cannot afford an attorney. You don't, however, have the right to pick your attorney at public expense. Unfortunately, many people end up being unsatisfied with their public defender. But being unsatisfied with your public defender leaves... Read more »

2 Answers | Asked in Uncategorized for Minnesota on
Q: I had a general mills cereal bar with metal wire like things. They want me to send it to them. Should I or get a lawyer?

I bit into bar and it felt like little pins in my mouth. My gum on bottom was bleeding and top denture got poked in just the right spot and now it's cracking.

Lucas Wynne
Lucas Wynne answered on Aug 19, 2019

Bring it to a lawyer

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: My son (28 yrs old) was in an accident and was mailed a ticket for failure to yield to right away.

The box was checked endangerment of life and/or property He was turning left on a flashing yellow arrow and did not see the vehicle coming the other direction. He was clearly in the wrong. Both vehicles involved are commercial motor vehicles. The other driver was taken by ambulance and... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 12, 2019

Having a lawyer should always be a priority for anybody charged with a crime - even if they are at-fault and want to admit they are responsible. The reality is that a lawyer can help your song work out a deal that is more favorable to his interests. Oftentimes, the benefits of a lawyer outweigh the... Read more »

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1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: In our custody agreement, my ex-husband has primary residential responsibility. Our split is 51/49, me being 49%.

If he is planning a trip out of state, is he supposed to make me aware of when they are leaving, for how long and where they are going? As well as obtain my permission to cross state lines with them?

Lucas Wynne
Lucas Wynne answered on Aug 7, 2019

The order should address these issues. A lawyer here would not know the answer to that question without reviewing the order.

1 Answer | Asked in Family Law for Minnesota on
Q: Can a predatory offender, that has to register for life, get unsupervised visits with their children?

I am going through a custody situation, after having child support raised. I was given sole legal and sole physical custody in 2011. I had child support raised in December 2018 and a month later I was served with custody papers. My daughter is 9 and her Biological dad is a registered predatory... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 7, 2019

You should get an attorney who cares about your daughter's safety - and pronto.

1 Answer | Asked in Sexual Harassment for Minnesota on
Q: My 11yr old son sexually touched my 5yr old niece he is going to have court and I don’t know what to do.

I understand he did wrong but he is only a child too and I’m scared of what the court decides. I feel like I need a lawyer maybe?

Lucas Wynne
Lucas Wynne answered on Aug 7, 2019

Juvenile delinquency proceedings in Minnesota are similar but different from adult criminal proceedings. The basic procedure (discovery, plea bargaining, trial, etc.) apply, but younger juveniles often have better opportunities for rehabilitation and to avoid future problems. But to get a fair... Read more »

1 Answer | Asked in Car Accidents for North Dakota on
Q: A sober person who was pulled over for seeding is asked to take a field sobriety test and fail it have to go to court?
Lucas Wynne
Lucas Wynne answered on Jul 24, 2019

If you receive a notice of a hearing, summons, or warrant then you will need to appear in court.

2 Answers | Asked in Car Accidents, Wrongful Death, Criminal Law and DUI / DWI for North Dakota on
Q: What is the likely hood of getting a leaving the scene of accident dropped down, to next to nothing?no injury, parked.

I have a class A CDL and it is my primary source of income.

the car was parked and i wasnt sure I hit it, i drove away. no one was injured

they already issued a warrant and I paid 750 cash bond

Lucas Wynne
Lucas Wynne answered on Jul 24, 2019

The facts of your case could make all the difference. Attorneys like myself offer free consultations for these type of issues.

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1 Answer | Asked in Federal Crimes for North Dakota on
Q: If a federal felon on probation is pulled over is the right to search any different than someone not on probation????
Lucas Wynne
Lucas Wynne answered on Jul 6, 2019

Generally, yes. It is standard that a person on probation is essentially forced to consent to searches whereas a person who is not on probation cannot be randomly searched.

3 Answers | Asked in Criminal Law for Minnesota on
Q: apprehended yesterday while leaving a store with two bags. I was extremely fatigued and noticed I had not yet paid

Any recommendations on affordably priced individuals? It was a misunderstanding and I attempted to purchase the items but they did not allow it.

Lucas Wynne
Lucas Wynne answered on Jul 6, 2019

Many attorneys (like myself) help clients afford their case by offering payment plans.

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1 Answer | Asked in Criminal Law and Animal / Dog Law for North Dakota on
Q: I feed, watered & opened window for 2 dog's in hot garage. 90°. I am being charged w trespassing now. Help

Nobody was home at this house. The police told them my name. The dogs were sitting in their own feces & urine...the whole garage was covered of weeks of waste. It was toxic! The door was unlocked, heard the dogs barking for weeks, I called police 3 times

Lucas Wynne
Lucas Wynne answered on Jun 23, 2019

You need a criminal defense lawyer. Most attorneys (like myself) offer free consultations.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can I take my child to an outof state wedding

I am not married to the childs father. He did sign an awknowledgement of paternity. He is saying if I take my daughter to my best friends wedding he will call me in for kidnapping. There is no custody agreement of any kind. He Is trying to force me to leave her with a coworkers wife whom I've never... Read more »

Lucas Wynne
Lucas Wynne answered on Jun 23, 2019

No

1 Answer | Asked in Federal Crimes for North Dakota on
Q: Does somebody on probation have the same legal rights as somebody not on probation
Lucas Wynne
Lucas Wynne answered on Jun 23, 2019

No. Generally, their probation officer can authorize a search. They are also subject to restrictions.

1 Answer | Asked in Child Custody for North Dakota on
Q: The father to my son is a married man. My son is 8 months old and we have no custody arrangement.

He has not seen my son in over 4 and I have never received any financial support or help with medical bills. I believe his wife hates my son and feel if he asked to have him for a day would Not be a good situation. Can I file for 100% custody? We live in North Dakota.

Lucas Wynne
Lucas Wynne answered on May 22, 2019

If the 6 month residency requirement is met, you can likely file for custody in North Dakota. Consult with an attorney.

1 Answer | Asked in Civil Rights and Criminal Law for Minnesota on
Q: I owe 22,000 in Restitution, civil fines. Is there a way I can reduce or wave this since it is a unrealistic # to pay?
Lucas Wynne
Lucas Wynne answered on Apr 4, 2019

Theoretically, the judge could issue an order relieving you of that debt. Although, it is not that likely. You will likely need a defense attorney to look into it and see if it’s a possibility.

1 Answer | Asked in Criminal Law for Minnesota on
Q: If an officer had to use a flashlight outside to see something that was outside, would that be considered “plain view”?

Office at door of house. Says he saw something by the garage in plain sight. But it was dark and he needed to use a flashlight to see it. So is that really “plain sight?

Lucas Wynne
Lucas Wynne answered on Apr 4, 2019

Sounds like plain sight to me, but that doesn’t mean the officer did everything right. You will likely need a lawyer to review your case.

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