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Questions Answered by Lucas Wynne
1 Answer | Asked in Animal / Dog Law and Criminal Law for North Dakota on
Q: An officer took my 12yr old dog from my yard in a private property trailer park. Took to the pound, charged dog at large

I was Charged with "Dog at Large" 2 months later. She's maybe 2 lbs tops and has had most of her teeth pulled due to old age and is as friendly as ever, she, xxx, just likes being held.

Do the police or animal patrol have to be called to come into the trailer park? Trailer... View More

Lucas Wynne
Lucas Wynne
answered on May 22, 2018

You should never write to a judge. You should only argue your case in court, usually with the help of a lawyer.

1 Answer | Asked in Domestic Violence for North Dakota on
Q: Do I have to let sheriff serve me with restraining order paper or can I have him send them?
Lucas Wynne
Lucas Wynne
answered on May 16, 2018

Accept service either way, hire a lawyer to fight the restraining order if you think it is unjust.

1 Answer | Asked in Civil Litigation and Small Claims for North Dakota on
Q: I loaned some sound equipment to an acquaintance. I am ready to have it back, but Ive been told it is now an hours driv

I did not give permission for it to leave this area, nor was I notified when it did. Is there a legal way to force him to return the equipment to the place he picked it up?

Lucas Wynne
Lucas Wynne
answered on May 16, 2018

Yes, tell him that you want your equipment back and give him a reasonable time limit (ten days, thirty days, etc.) to return it back to you. Inform him that you will report it has been stolen if he fails to return the equipment.

1 Answer | Asked in Personal Injury for North Dakota on
Q: Is there a law that requires me to plow the snow on the sidewalk in front of my house? What if someone falls there?
Lucas Wynne
Lucas Wynne
answered on May 14, 2018

Most cities have an ordinance that requires you to plow the snow. If somebody falls, you should call your homeowner's insurance company immediately and they should defend against any lawsuit on your behalf.

1 Answer | Asked in Child Custody for North Dakota on
Q: how do i file for full custody of my son when his father is abusive and doesnt know how to raise a baby?

i dont feel safe letting him be around my son and myself for that matter because hes fired a gun in the house, hes pulled a nife on me and has a very bad temper.

Lucas Wynne
Lucas Wynne
answered on May 10, 2018

You should likely hire an attorney or call legal services. If not, you can go to NDCourts.gov and get the DIY paperwork.

1 Answer | Asked in Juvenile Law for North Dakota on
Q: I was with two buddies buying socks and one of them ends up stealing a 3 pack of socks and gets stopped for questionig

They let me go and later call me back because my buddy said I stole socks too when I didn’t. One pair of the three that he stole was dropped in my car and I was pulled over on my way home and taken back to the store. They are charging me with juvenile petit theft but all they have is the kids... View More

Lucas Wynne
Lucas Wynne
answered on May 10, 2018

You hire a criminal defense lawyer to represent you. There is no easy answer in a criminal defense case.

1 Answer | Asked in Workers' Compensation for North Dakota on
Q: I was assaulted from behind at work by a coworker. Under North Dakota Century Code 65 am I eligible for workers comp?

This occurred on company property, during work hours.

This occurred March 15th 2018

I was not the aggressor.

I have filed a report with McKenzie County Sheriff Office.

Lucas Wynne
Lucas Wynne
answered on May 5, 2018

Your better claim is likely a claim against the person who struck you.

1 Answer | Asked in Family Law for North Dakota on
Q: If part of MTA doesn't specify how long it is in force, can one assume in force until the kids are the age majority?
Lucas Wynne
Lucas Wynne
answered on May 5, 2018

You should have an attorney review the document as it is easy to assume there is no termination date mentioned when there is - unfortunately, an attorney will not be able to answer this question online.

1 Answer | Asked in Collections and Probate for North Dakota on
Q: If a family member dies what happens to their debt

An insurance company is asking a settlement amount for a family member who is on their deathbed. If the settlement isn’t paid they will be sued for the full amount. If they die what happens to that debt?

Lucas Wynne
Lucas Wynne
answered on May 5, 2018

They may make a claim against the estate.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: My son hates going to his father's - he's 10 is there anything he can do so that he doesn't have to go? He hates it.

We have been divorced since 2009 (my son was 2) and as my son has gotten older, he hates going down to his father's - to the point it will make him sick. His dad is never around to spend time with him on his weekend, his new wife/children are mean to my son, and when he's there, he is to... View More

Lucas Wynne
Lucas Wynne
answered on May 5, 2018

The court order controls. If you dislike the court order, however, you can make a motion to modify it under certain circumstances.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: boyfriend alcoholic son 10, we thought he wouldn't be so verbally abusive if he quit drinking, can I move to mo with
Lucas Wynne
Lucas Wynne
answered on May 5, 2018

This question cannot be answered without an attorney knowing if there is a court order in place.

2 Answers | Asked in Immigration Law for North Dakota on
Q: I was recently found guilty of not staying at the scene of an accident in ND. Will this affect my citizenship app
Lucas Wynne
Lucas Wynne
answered on May 5, 2018

Unlikely, but it may - speak with an immigration lawyer.

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2 Answers | Asked in Landlord - Tenant for North Dakota on
Q: I need help with determining if I can get a holding deposit back on an apartment we were denied

Me, my wife, and a friend of ours applied for a 2 bedroom house in grand forks north dakota. Our friend was denied on her application, although me and my wife was approved and we make enough income between the 2 of us for the minimum income requirement. Would we all be denied then? And if so do... View More

Lucas Wynne
Lucas Wynne
answered on May 5, 2018

The answer depends on the reason for the deposit, but I find it unlikely they can keep your deposit. Bring them to small claims court.

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1 Answer | Asked in Child Custody for North Dakota on
Q: Do we go to mediation?

I was served a summons for joint residential responsibility in North Dakota. I agree it should be joint. If I fill out the answer to the summons as I agree to all, do we then go to mediation to determine the details of said joint custody? Or does the court determine a parenting plan? i.e. what... View More

Lucas Wynne
Lucas Wynne
answered on Apr 18, 2018

Mediation will help you settle remaining disputes without court intervention, which is beneficial to both parents, the children, and the court. Frankly, however, you should not be handling this on your own - there are too many "gotchya" laws that an result in unfair child support payments... View More

1 Answer | Asked in DUI / DWI for Minnesota on
Q: How do I go about taking care of a DWI charge in another state?
Lucas Wynne
Lucas Wynne
answered on Apr 5, 2018

Call a lawyer in the state where the DWI occurred.

1 Answer | Asked in Personal Injury for Minnesota on
Q: Injured in home personal care and house repair

Does the home owners insurance cover personal injury i was taking care of my fiance's stepfather in the home and injured my back picking him up off the floor and i further injured my back while changing a toilet for his wife in the home causing me to have surgery on my back

Lucas Wynne
Lucas Wynne
answered on Apr 5, 2018

If this is a job you are hired to do, then it would likely be a workers' compensation claim. If this is just something you were doing, you may need to consult with a personal injury lawyer for further help. Virtually every PI lawyer gives free consultations, your easiest route would be to call... View More

1 Answer | Asked in Domestic Violence for North Dakota on
Q: I got a domestic violence unlawful use of a car and reckless endangerment, what can I do?

In North Dakota

Lucas Wynne
Lucas Wynne
answered on Apr 3, 2018

You can and should hire a lawyer, you will not be able to effectively handle these charges on your own. Attorneys like myself offer free consultations and serve clients throughout the state.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Extracting sms from a seized cell phone can police get a warrant or prosecute in any way depending on what was said?
Lucas Wynne
Lucas Wynne
answered on Apr 3, 2018

In North Dakota, whether the police will be able to use the evidence at trial depends on whether the judge permits it - that will depend on the outcome of motion hearings, the application of the Rules of Evidence, etc.

1 Answer | Asked in Criminal Law for North Dakota on
Q: How do I file a motion to amend criminal judgement on a motion to accelerate on deferred sentence.

When I never violated my probation and all fines and fees are paid before my probation is up. I Also had my updated address in there system and they sent my motion to accelerate paperwork to a place i never lived but yet they managed to send my criminal judgement paper work and my order to show... View More

Lucas Wynne
Lucas Wynne
answered on Apr 3, 2018

It appears you are asking a question about Iowa law, this section is used to ask questions about North Dakota law.

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Employment Law for North Dakota on
Q: Is a k9 sniff sufficient probable cause to search a stopped vehicle
Lucas Wynne
Lucas Wynne
answered on Mar 26, 2018

Do not post any additional information about your case online. You do not want to reveal enough information for the police to identify you. Instead, contact a criminal defense lawyer for help. Many attorneys like myself offer free consultations. The answer to your question depends on the particular... View More

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