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Questions Answered by Nicholas Nelson

1 Answer | Asked in Criminal Law for North Dakota on

Q: If a charge is sealed, verdict changed from guilty to not guilty and signed by judge. Can it be used for a 2nd offense?

For intent to delivery a controlled substance

Nicholas Nelson answered on Sep 18, 2018

Your question is someone of a complicated one. Even when records go off the public record, the government can still access them. I would certainly argue that the "not guilty" charge should not count as the "first" charge, as you were "not guilty". Note - cases are highly fact dependent and I... Read more »

2 Answers | Asked in Civil Rights for North Dakota on

Q: if a town make a rule change and they seize you personal belongings do they have to composite you for the money invested

i have a sizable reptile collection now the town wants to make changes to the pet laws so they can make me get rid of my reptiles? I have been keeping reptiles for over 33 years and i have a lot of money invested in to my reptiles so what can i do to protect my investment ? I was born with spina... Read more »

Nicholas Nelson answered on Jun 18, 2018

Further details are needed to adequately address your question.

Generally speaking, a law is not valid if it seeks to "punish" a person for an "act" that was previously legal. However, as I said, I cannot provide adequate legal advice without first discussing all the particular facts and...
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2 Answers | Asked in Personal Injury for North Dakota on

Q: Can I sue a ski resort for an injury I got while skiing there?

Nicholas Nelson answered on Jun 18, 2018

This depends on the particular circumstances of the incident. I cannot provide adequate legal advice without first speaking with you on the particular details of your matter.

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

Q: Child custody

We were living in oklahoma from April 2017 to April 2018. My children's dad and I decided to move back up to North Dakota. And he went back to Oklahoma for work and we ended up splitting up a month and a half later. He's threatened to take the kids away from me in the past. He raped me whenever we... Read more »

Nicholas Nelson answered on Jun 18, 2018

Your question has multiple factors that cannot be adequately answered without a full consultation.

However, general speaking, a parent may bring a custody dispute in ND if the child lives in ND. To protect your parental rights, you may want to file for a judicial order that gives you...
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2 Answers | Asked in Criminal Law and Domestic Violence for North Dakota on

Q: Police came to apartment after girlfriend called claiming i hit hee but i was not there when they arrived but 2 warrants

Have been issued for my arresf 1 for simple assault domestic and the other for interfering with a 911 call what are my options and do they have a case its been almost 2 months since the warrants have been issued

Nicholas Nelson answered on Jun 18, 2018

With active warrants you want to retain an attorney as soon as possible. If you truly were not there, you certainly would have a chance of beating the charges.

Your options are to either 1) continue absconding and wait to be either arrested or summoned to court or 2) get an attorney,...
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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... Read more »

Nicholas Nelson answered on Apr 30, 2018

Generally, a tenant that does not qualify will qualify if co-tenants qualify, as you alluded to. Generally speaking, a landlord cannot keep a deposit if a contact was never entered into. You described the deposit as a "holding deposit". Therefore, the consideration the landlord gave for your... Read more »

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1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for North Dakota on

Q: We are buying house in gackle ND. We owe money on it. We bought it on a Hand shake the town we live in is pressuring

The owner of the property to kick us out by telling him they will attach Leins on the house, that we owe, if they don't remove us from the house. They've, city counsel members and others, told him many untrue statements about us, the states attorney called him and asked him what can he do to help... Read more »

Nicholas Nelson answered on Apr 30, 2018

There are too many unknown details to provide any accurate legal information.

Contact an attorney for a consultation on the matter - many perform the initial consultation for free.

1 Answer | Asked in Personal Injury for North Dakota on

Q: My friend stayed at my apartment and caused a fire that damaged other units in the building.

Now I'm being sued even though I wasn't there when the fire occurred. What do I do if I don't have renters' insurance?

Nicholas Nelson answered on Apr 30, 2018

You should certainly seek legal counsel to mitigate the damages you may be liable for if you have not already. Also consider your legal options against your friend that started the fire.

This is general information, and I am unable to provide adequate legal advice without first discussing...
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1 Answer | Asked in Child Custody for North Dakota on

Q: I’m 16 just curious what I do to have my grandma get custody of me?

does She need an attorney or can I go somewhere and just tell them I want to live with her

Nicholas Nelson answered on Apr 30, 2018

A custody determination would have to be made under North Dakota Century Code 14-09. The court may heavily weigh the custody preference of a mature minor child. Your grandma would want to seek an attorney, but is not required. The other option would be to be for you to be emancipated as an... Read more »

1 Answer | Asked in Child Custody for North Dakota on

Q: ND custody filed no order in place can other parent leave the state with her children

Was just served with divorce and custody papers today. I am looking to go back to PA with my parents and take my 3 children. Can I legally leave with the if there is no order in place?

Nicholas Nelson answered on Apr 30, 2018

North Dakota Century Code 14-09 deals with custody of children. 14-09-07. Residence of child. 1. A parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent,... Read more »

1 Answer | Asked in Child Custody for North Dakota on

Q: Can I relocate 35 miles in state from non-custodial parent to be closer to work without letter of intent in ND?

I have found an affordable apartment right next to my work place 35 miles away from the non-custodial parent. My move will not affect his parenting schedule whatsoever and the move will benefit my daughter because I will be able to spend more time with her instead of her going to daycare during my... Read more »

Nicholas Nelson answered on Apr 30, 2018

Generally, the express terms of the Divorce Decree will prevail. However, I am unable to provide adequate legal advice without first speaking with you at length about the particular facts and circumstances of your situation.

1 Answer | Asked in Child Custody for North Dakota on

Q: I gave my wife permission to travel with my kids to Mexico but does not want to return them back. What can I do? Thanks

Nicholas Nelson answered on Apr 30, 2018

If you do not have a court order on custody, you should seek a court order. N.D.C.C. 14-09 deals with Child Custody.

This is general legal information, and I cannot provide adequate legal advice without first speaking with you at length about the facts and circumstances of your particular...
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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

Nicholas Nelson answered on Apr 30, 2018

A K9 sniff is sufficient probable cause subject to certain limitations. Relevant circumstances include whether the K9 was initially present on scene, the original reason for the traffic stop, the length of the traffic stop, etc. In certain situations, relevant circumstances may deem the K9 stiff... Read more »

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2 Answers | Asked in Family Law and Child Custody for North Dakota on

Q: Is it possible to get full custody of a child in North Dakota?

His father is a danger to himself I don't want him around my son without some sort of supervision. His father lives in MN, my son and I live in ND.

Nicholas Nelson answered on Mar 2, 2018

Yes, it is certainly possible. North Dakota Century Code Chapter 14-09 deals with child custody. The court heavily weights the twelve best interest factors as stated under NDCC 14-09-06.2. I hope this helps!

*DISCLAIMER* This is general legal information, and I cannot provide adequate...
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1 Answer | Asked in Libel & Slander for North Dakota on

Q: My ex made a false Craigslist ad for prostitution with my picture on it, can I sue him?

My ex made a false craigslist ad about prostitution and put my picture on it. He sent it to his coworkers and now I'm being harassed about it. Can I sue him?

Nicholas Nelson answered on Feb 26, 2018

Quite possibly. I would need to discuss with you all the facts and circumstances before rendering further advice.

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

Q: If I called in a tow, would it be illegal to have a deal where the tow company pays me a fee?

I live in an apartment where it is permissible to tow someone's car if they park in your spot, would it be illegal to take have an agreement that the company that tows the car give my a flat fee for the tow? At least 2-3 cars a day park in my spot, I believe if I received $20 a car, I could easily... Read more »

Nicholas Nelson answered on Feb 26, 2018

Generally, "referral fees" are regulated in professional careers like law. When establishing a referral fee agreement, you are essentially acting as an agent/employee of the principal company (tow company in your situation). Any referral agreement should be in writing to protect your interests.... Read more »

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

Q: Can the mother lose custody if she lets our son hang around a sex offender who failed to register?

I would like to get custody of my son and I was told by friends that they had an experience where the mother let their child hang around a sex offender and she lost full rights as a parent. I'm also in that situation and I was just wondering if it's possible.

Nicholas Nelson answered on Feb 26, 2018

North Dakota Century Code CHAPTER 14-09 PARENT AND CHILD deals with parental rights and when they can be taken away. I hope this helps!

2 Answers | Asked in Animal / Dog Law for North Dakota on

Q: What determines true ownership of a dog

I need help!! ;( 3 years ago we were blessed with a full bread pit! My mothers husbands sister who was the original owner loved to pass animals around because she could never really afford them so he ended up being put on a huge metal chain locked up constantly we didn’t like that too much so my... Read more »

Nicholas Nelson answered on Feb 26, 2018

Dogs are treated like other personal property, and as such can be traded, given away, sold, and abandoned. I would need to discuss at length the particular details of your situation to determine to chain of ownership of the dog.

*This is general legal information, and I cannot provide...
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1 Answer | Asked in Landlord - Tenant for North Dakota on

Q: can I break a lease due to constant noise ?

I am in a lease with my apartment. There is a constant thumping noise in my bedroom ceiling or wall every night from 10 pm to 8 am. I made repeated requests to have it investigated and they finally sent someone to witness it. He agreed that it was awfulnand must be very hard to live with. But no... Read more »

Nicholas Nelson answered on Feb 26, 2018

From what you have stated, it appears that the sound is not coming from an upstairs neighbor, but from the building itself? If that is the case, then you may have a case against the landlord for breaching the implied warranty of habitability. Habitability is interpreted into all residential lease... Read more »

2 Answers | Asked in Criminal Law for North Dakota on

Q: Can state prosecute the same person for the same crime after they turn the case over to the federal government?

Nicholas Nelson answered on Apr 30, 2018

This question seems to deal with the issue of Double Jeopardy. Generally, double jeopardy does not prevent the federal government from bringing a charge already brought in state court, or visa versa.

This is general legal information, and I cannot provide adequate legal advice without...
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