Questions Answered by Lucas Wynne

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?

1 Answer | Asked in Civil Rights and Criminal Law for Minnesota on
Answered on Apr 4, 2019
Lucas Wynne's answer
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.

Q: If an officer had to use a flashlight outside to see something that was outside, would that be considered “plain view”?

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Apr 4, 2019
Lucas Wynne's answer
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.

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

1 Answer | Asked in DUI / DWI for Minnesota on
Answered on Mar 20, 2019
Lucas Wynne's answer
You will need to handle the charge. Waiting will just result in getting arrested. You will likely face additional penalties because of the warrant.

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

1 Answer | Asked in Animal / Dog Law and Personal Injury for Minnesota on
Answered on Mar 20, 2019
Lucas Wynne's answer
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 specific case.

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

1 Answer | Asked in Employment Law for Minnesota on
Answered on Mar 20, 2019
Lucas Wynne's answer
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.)?

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?

1 Answer | Asked in Trademark for North Dakota on
Answered on Mar 20, 2019
Lucas Wynne's answer
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.

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

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on
Answered on Mar 20, 2019
Lucas Wynne's answer
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.

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

2 Answers | Asked in Personal Injury and Car Accidents for Minnesota on
Answered on Mar 20, 2019
Lucas Wynne's answer
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.

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

1 Answer | Asked in Divorce for North Dakota on
Answered on Feb 25, 2019
Lucas Wynne's answer
Sounds like it may be time to dump your lawyer.

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

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Feb 21, 2019
Lucas Wynne's answer
The officer's actions seem problematic. Better get a lawyer.

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.

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