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Questions Answered by Lucas Wynne
1 Answer | Asked in Education Law for North Dakota on
Q: Residency rules when it comes to enrolling my son in Minnesota Virtual Academy. We currently live in ND.

K12 stride enrollment center mistakenly approved my sons enrollment in Minnesota Virtual Academy I guess and though enrollment was sending me all the info to get him started and the device sent our way that he needed, another person was saying he could not attend. So, to be sure, can you clarify if... View More

Lucas Wynne
Lucas Wynne
answered on Sep 18, 2023

I believe you are referring to an online educational program that is provided by the state of Minnesota for its taxpayers. If your child participated in this and it was later found out that you are not a resident a Minnesota, I would expect that a criminal charge would be filed against you.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Does a defendant have the right to change his mind about having a court appointed attorney after he said he would repres

Represent himself

Lucas Wynne
Lucas Wynne
answered on Jul 9, 2023

Maybe not necessarily a right at that point (and it is only a right as long as you financially qualify), but I have a strong suspicion if you applied for a public defender after stating you'd represent yourself (and financially qualify) that one would be appointed. The truth of the matter is... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: In Minnesota,I was pulled over and officer stated that I had crossed the fog line twice.The recording showed nothing.

My attorney did not argue the issue of probable cause.The recording showed my vehicle within the white lines at all times.

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

Your question is this: where is the reasonable suspicion? Where is the valid Terry stop? And it's a legitimate one. If officers don't have a reason to pull you over but do so anyway, then the stop is almost certainly in violation of your constitutional rights. You should speak with your... View More

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... View More

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

This sounds like a classic case for a Rodriguez motion. Rodriguez v. United States, 575 U.S. 348, was a United States Supreme Court case which analyzed whether police officers may extend the length of a traffic stop to conduct a search with a trained detection dog.

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1 Answer | Asked in Divorce for North Dakota on
Q: Spouse refusing to sign uncontested divorce. How do I go about filing in North Dakota? We have no kids, and no assets.

My spouse told me if I filed she’d sign. She now tells me she’s not signing anything. We have no kids, and no assets at all. Been married 2 years. I’m trying to file electronically in ND, but don’t know what type of forms I need to file as the clerk can’t advise, and self service site... View More

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

I understand you believe you're capable of doing this yourself, but it seems the reality is that's not going to be possible because: 1) She refuses to sign; and 2) You can't file a divorce uncontested because, factually, it's not if the other person refuses to sign. You should... View More

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: Can I grow marijuana while on parole

I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.

And now on top of that, she wants me to do MRT

And my insurance won't cover it. And she told me. I'm ether gonna pay... View More

Lucas Wynne
Lucas Wynne
answered on Jun 3, 2024

No

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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 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.

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 Traffic Tickets and Municipal Law for North Dakota on
Q: Can I get my dus dismissed due to the reason igot pulled over

The cop said the reason why he pulled me over is because the stuff in my truck bed he didn't think was secure but when we went thru the roundabout he say that is was so can that be dismissed

Lucas Wynne
Lucas Wynne
answered on Sep 18, 2023

Potentially, but it is difficult to tell from the information you provided and it would require that emotion is filed.

1 Answer | Asked in Bankruptcy, Divorce and Probate for North Dakota on
Q: In North Dakota, is there a statute of limitations to collect on a mortgage?

Thirty years ago, as part of our divorce settlement, my ex husband signed a mortgage against our farmland to pay me $30,000 over ten years. In return I signed a QCD. He never made the payments and after three years filed for bankruptcy. The bankruptcy court upheld my mortgage and set up a... View More

Lucas Wynne
Lucas Wynne
answered on Mar 15, 2023

Likely but you better move fast. Call an attorney who does estates.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Dakota on
Q: A guy a guy hit me for no reason I was doing a repossession of the brother's car the other brother came up and hit me.

For no reason I was charged he was not how is this possible

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

It's possible because prosecutors simply go with the story they want to believe. You need an attorney to defend you and be willing to take it to a trial if it is in your best interests.

2 Answers | Asked in Criminal Law for Minnesota on
Q: What is required in a foundation to authenticate video evidence at trial?

Defendant is claimed to be on video breaking into storage units. The video evidence was collected and burnt onto a flashdrive by 2 of the facilities employees. Employee A saw the video for the first time and is the one who reported it to police, Employee B. Physically collected and burned the video... View More

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

I'd be careful using Justia to try to represent yourself. But if I had to give an answer, I'd usually default to whether the video depicts what it claims to depict and whether probative value outweighs prejudice.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Can you have evidence suppressed at the time of trial in Minnesota

The public defender on this case is completely useless, he waived the omnibus hearing and probable cause hearing, jury trial is only a week away now and I need to know if video evidence can be suppressed at the time of trial if the authenticity can't be verified by the prosecution?

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

You'd likely have to make a motion and convince the judge to reopen the issue due to insufficient representation. Motion in limine is your safety valve but not a particularly good one in this case.

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4 Answers | Asked in Criminal Law, Health Care Law and Identity Theft for Minnesota on
Q: Charges for Using Discarded Medical Info for ID Theft

This is a weird one. What charges could someone face for using medical (biohazard) trash/waste to obtain info for Identity Theft?

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

Most of the theft offenses have similar penalties, but your question is too broad to answer competently.

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: After a motion to dismiss is denied & an order is entered specifying facts on the wrong date of an offense can I object?

The finding of facts is dated incorrectly for the offense's commission. What can I do as defendant?

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

The date itself won't matter much due to it being no more than a clerical error. How can you attack the decision itself? Appeal!

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1 Answer | Asked in Education Law for North Dakota on
Q: You My son is 12 years old he is in special education in school another student brought a ninja throwing star to school

You

My son is 12 years old he is in special education in school another student brought a ninja throwing star to school my son bought the ninja throwing star from his friend and was caught with the ninja throwing star later that day I am told there will probably be legal charges at a police... View More

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

At worst it will be a juvenile case. You should likely speak with a lawyer if that occurs.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Can an officer give someone a citation for DUS without performing a traffic stop.

Was given two citations for driving under suspension at my house without ever being pulled over by an officer.

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Yes, an officer can. Will it hold up to the scrutiny of a judge or jury? That depends on whether it can be proven you were actually driving under suspension.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: How do I start the parenting plan process when I know that second party will not agree or sign.
Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Hire a lawyer and force the other parent's hand.

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