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Questions Answered by Lucas Wynne

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 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 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 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 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 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 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.

1 Answer | Asked in Animal / Dog Law for North Dakota on

Q: I left my dog with my mom for a week while I went on a trip and now she’s threatening to get rid of her what to do?

I have the official vet record and I can get a proof of purchase what should I do? and what if she already got rid of her?

Lucas Wynne answered on Mar 22, 2019

Ask somebody else to go and pick up the dog.

1 Answer | Asked in DUI / DWI for Minnesota on

Q: I was wondering about the statute of limitations on a DWI I got about 4 years ago.

I was arrested one night and charged with DWI and bailed out the next day. I appeared at my sentencing hearing and was sentenced the usual 30 days jail time, $1000 fine, probation, etc.. I was given 30 days to start my jail time and never turned myself into jail. It has been about 5 years since,... Read more »

Lucas Wynne answered on Mar 20, 2019

You will need to handle the charge. Waiting will just result in getting arrested. You will likely face additional penalties because of the warrant.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Minnesota on

Q: Can an individual licensed to carry a firearm shoot an unleashed dog attacking a leashed dog, or said individual?

Walking in a public dog park or parkway. Just read about this scenario on Next Door...

Lucas Wynne answered on Mar 20, 2019

This is a very fact-specific question. Accordingly, it would depend on what happened. Can they be in trouble for discharging the firearm in city limits? Can they justify their actions? Can they show they were coming to the aid of the other dog? Frankly, the "right" answer is going to depend on the... Read more »

1 Answer | Asked in Employment Law for Minnesota on

Q: told to resign or be fired because they suspected smell of alcohol. No breathilizer. Other staff have kept job for same

Worked 5 years. All evaluations are positive. No disciplinary reports in file.

Lucas Wynne answered on Mar 20, 2019

I assume your question is whether you have a lawsuit on your hands - can you show that your employer is actually firing you for a different reason (race, religion, etc.)?

1 Answer | Asked in Trademark for North Dakota on

Q: I'm starting a fashion brand and want to use the name BEAU in a bold font. Will I be able to trademark this later?

I'm concerned with using the name BEAU for my brand if I won't be able to trademark it later. I've searched the trademark database and see similar marks, but I don't know if the ones currently trademarked will prevent me from acquiring mine.

Lucas Wynne answered on Mar 20, 2019

Your question has a lot of variables that could impact the answer. I would suggest consulting directly with a trademark lawyer. The term may be too broad to afford it protection - registering it is one thing, defending the trademark is another entirely.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on

Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck

Asking for a friend

Lucas Wynne answered on Mar 20, 2019

There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.

2 Answers | Asked in Personal Injury and Car Accidents for Minnesota on

Q: When can I meet/discuss my case with the attorney instead of dealing with the paralegal?

Lucas Wynne answered on Mar 20, 2019

Your attorney has a duty to stay in communication with you. Call your attorney an ask for a meeting. If they refuse, it may be time for a new lawyer.

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1 Answer | Asked in Divorce for North Dakota on

Q: When going through a divorce, how long does the spouses lawyer have to respond?

My spouse and I cannot agree on how to divide things in the divorce. He feels I should be left with nothing, which has left my couch surfing for the last 6 months. My lawyer sent a response to his 6 weeks ago and we still do not have a response. When I talk with my lawyer all she says is "well he... Read more »

Lucas Wynne answered on Feb 25, 2019

Sounds like it may be time to dump your lawyer.

1 Answer | Asked in Family Law and Child Custody for North Dakota on

Q: I'm in a same sex relationship and my spouse is pregnant with another person's child. Do I have any parental rights?

Spouse got pregnant after being married for 3 years.

Lucas Wynne answered on Feb 21, 2019

No

1 Answer | Asked in DUI / DWI for North Dakota on

Q: I was pulled over and charged for a DWI with no evidence except for speeding and there was a smell on my clothes?

I was taking a trip to the gas station when I was pulled over by an officer. The officer walked to the window and said I was speeding, he then stated he could smell marijuana and I told him it could just be my clothes from another time. The officer then had me take several sobriety test outside... Read more »

Lucas Wynne answered on Feb 21, 2019

The officer's actions seem problematic. Better get a lawyer.

1 Answer | Asked in Business Law and Contracts for North Dakota on

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

A contractor holding overdue retainage from a completed bonded project contract in an attempt to use the money toward what they call promissory estoppel on another project quote, the other project did not have a signed PO due to engineering firm not approving the proposed product, I believe the... Read more »

Lucas Wynne answered on Jan 16, 2019

This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for North Dakota on

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

They had several violations of the rules of professional conduct and got disbared because of it if it's possible how do I go about filing papers myself and what forms will I need

Lucas Wynne answered on Jan 16, 2019

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... Read more »

1 Answer | Asked in Animal / Dog Law for North Dakota on

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?

My husband and I bought a puppy from this couple in Devil’s Lake. Everything was fine until we fed him. He had diarrhea after we fed him and the next day he threw up and still had diarrhea. My husband took a nap for a couple of hours and saw that the puppy had pooped on himself. He went to pick... Read more »

Lucas Wynne answered on Jan 16, 2019

Small claims court may be an option, but it depends on the situation.

1 Answer | Asked in Family Law for North Dakota on

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

He’s since become the prosecuting attorney for the state

Lucas Wynne answered on Jan 16, 2019

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.

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