Questions Answered by Nicholas Nelson

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?

1 Answer | Asked in Criminal Law for North Dakota on
Answered on Sep 18, 2018
Nicholas Nelson's answer
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 cannot give adequate legal advice without first discussing with you the particular details of your matter in their entirety. That being said, those are my initial thoughts. Good luck!

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

2 Answers | Asked in Civil Rights for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
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 circumstances of your matter.

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

2 Answers | Asked in Personal Injury for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
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.

Q: Child custody

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
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 custody and prevents the father from taking the children out of state.

***This is general legal information, and I cannot provide adequate legal advice without first discussing at length the...

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

2 Answers | Asked in Criminal Law and Domestic Violence for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
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, then turn yourself in and hopefully get released on bail pending your trial - then gather witnesses that can account for your whereabouts on the night in question.

***This is general legal...

Q: I need help with determining if I can get a holding deposit back on an apartment we were denied

2 Answers | Asked in Landlord - Tenant for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 $300.00 was to hold the unit for you. The language and circumstances surrounding any agreement, signed or non, for a "holding deposit" will likely be dispositive, especially any mention of your friend...

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

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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.

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

1 Answer | Asked in Personal Injury for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 with you the particular facts and circumstances of your matter.

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 adult.

This is general legal information, and I am not able to provide you adequate legal information without first discussing with your the facts and circumstances of your particular situation....

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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, if the other parent has been given parenting time by the decree. 2. A parent with equal residential responsibility for a child may not change the residence of the child to another state except with...

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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.

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 matter.

Q: Is a k9 sniff sufficient probable cause to search a stopped vehicle

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Employment Law for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 unconstitutional, thus not admissible as evidence.

This is general legal information, and I am unable to give adequate legal advice without first speaking with you at length of the...

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

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Answered on Mar 2, 2018
Nicholas Nelson's answer
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 legal advice without first discussing with you at length the particular circumstances and facts of your particular matter.

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

1 Answer | Asked in Libel & Slander for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
Quite possibly. I would need to discuss with you all the facts and circumstances before rendering further advice.

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

1 Answer | Asked in Contracts and Consumer Law for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
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.

Good luck!

*DISCLAIMER* THIS IS GENERAL LEGAL INFORMATION, AND I CANNOT PROVIDE ADEQUATE LEGAL ADVICE WITHOUT FIRST DISCUSSING AT LENGTH ALL THE FACTS AND CIRCUMSTANCES OF YOUR...

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

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
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!

Q: What determines true ownership of a dog

2 Answers | Asked in Animal / Dog Law for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
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 adequate legal advice without first discussing with you all the facts and circumstances of your particular matter.

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

1 Answer | Asked in Landlord - Tenant for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
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 agreements even if it is not mentioned in the lease agreement. It means that the premises must be fit for human habitation. The noise may breach the implied warranty of quiet enjoyment, which is...

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

2 Answers | Asked in Criminal Law for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 first speaking with you at length of the particular facts and circumstances surrounding your matter.

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