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North Dakota Questions & Answers
1 Answer | Asked in Tax Law, Immigration Law and International Law for North Dakota on
Q: I have an H2A worker that is on our farm since 2023 and needs advise on filing income tax responsibilities

He is waiting on a green card so will continue to stay here till 2025 hoping by then he has his green card. He also did not file taxes in his country in 2021 and 2022 when he went home. Our agent said we did not need to withhold taxes but now that he is staying here and we do not have a tax treaty... View More

James L. Arrasmith
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answered on Mar 20, 2024

Understanding and complying with tax laws is crucial, especially for H2A workers like the one on your farm. Since he is from South Africa and has been working in the U.S., he may need to file U.S. income taxes, despite the lack of a tax treaty between the U.S. and South Africa. The requirement to... View More

0 Answers | Asked in Traffic Tickets for North Dakota on
Q: traffic violation transfer from idaho to ND

so, i got pulled over in Idaho going 45mpg in a 35mph zone when on a trip. I live in North Dakota. In Idaho, a ten mph over the limit is 3 points and $90, whereas in ND it's 0 points and $10. For insurance purposes, will my driving record have 3 points taken off since it happened in Idaho, or... View More

0 Answers | Asked in Appeals / Appellate Law for North Dakota on
Q: I would like to appeal a conciliation verdict in MN but not sure if I can enter new evidence. I see conflicting advice.

I've seen advice that on appeal, It starts over, but on the Minnesota Courts own website it says that you cannot enter new evidence. I lost a case because I didn't return a renters deposit in the 21 days required in MN. However, since the verdict, I realize I may have understood the... View More

0 Answers | Asked in Child Custody, Divorce and Family Law for North Dakota on
Q: What next? Dad lost 100% physical & legal custody to a default order. Abusers & addicts have more rights to their kids.

It’s been 4 years since the default divorce/custody, and around 3 yrs since losing the appeal. Everything in the original paperwork was based on lies that can be proven. He has no record, and is a great dad. They have a loose parenting schedule (he still has to ask permission to see them.) She... View More

0 Answers | Asked in Child Custody and Divorce for North Dakota on
Q: My and I gave guardianship of our son to his parents - do we still have to come up with a custody plan?

we don't have any other children or property together. we agree on everything

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

0 Answers | Asked in Employment Law and Employment Discrimination for North Dakota on
Q: Hello, I have recently been terminated from a job on, in my opinion very weak terms. Asking for best course of action.

Now the job is only a part time service job as a waiter, I had been terminated on the bases that they had rummaged through my server box, a place where servers keep change, pens, etc. Upon the manager looking in the box for no reason, a sticker was found that bared the resemblance of another... View More

0 Answers | Asked in Child Support, Family Law and Traffic Tickets for North Dakota on
Q: an another state suspend someone’s license for child support if another state court took full rights to the child?

an another state suspend someone’s license for child support if another state court took full rights to the child?

My daughter moved to Arizona when she was 4 and there was a judgment in North Dakota saying that I was to pay child support since then Arizona court has put in a judgment in... View More

0 Answers | Asked in Child Support for North Dakota on
Q: Can another state suspend someone’s license for child support if another state court took full rights to the child?

My daughter moved to Arizona when she was 4 and there was a judgment in North Dakota saying that I was to pay child support since then Arizona court has put in a judgment in 2013, stating North Dakota no longer has anything to do with my daughter, so how can North Dakota suspend my license and... View More

0 Answers | Asked in Criminal Law for North Dakota on
Q: Woman in late fifties with cancer has to turn herself into the county jail to serve five months for a felony theft.

She went to the jail and they said she has to have her medications before the jail processes her. Now has a warrant for not coming back within the time frame they gave her. House arrest might be an option if she can pay her restitution. Hasnt been able to come up with all the money yet. What should... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: Son had a public defender, but requested different. Then that PD ended up defending the person accusing my son in a

Federal drug case. Is that legal?

James L. Arrasmith
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answered on Jan 26, 2024

In the scenario you've described, where a public defender initially assigned to your son in a federal drug case ends up representing the person accusing your son, there are potential concerns regarding conflicts of interest. In legal practice, particularly in criminal defense, attorneys are... View More

Q: I'm hearing impaired and applied for a job and they denied me because of my hearing. They are a large oil company.

They did the interview and and all went well and then they found out I was hearing impaired and said they wouldn't hire me because of my hearing issues and when I asked if there was anything I could do with them that my hearing wouldn't pose a problem and that im open to do any work I can... View More

James L. Arrasmith
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answered on Jan 12, 2024

Under U.S. federal law, specifically the Americans with Disabilities Act (ADA), it is generally illegal for an employer to deny employment based solely on a disability, including hearing impairment, especially if the employer has 15 or more employees. This law requires employers to provide... View More

1 Answer | Asked in Nursing Home Abuse for North Dakota on
Q: Do you guys investigate money issues in nursing homes

My mom went from Parkwood place to Valley Senior Living,before she could get into Parkwood her funeral had to be paid for ,and it was ,after talking me into moving my id they had canceled her life insurance mom's bank account to their facility both of us were died taking money out for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2024

I'm sorry about the loss of your mother. A North Dakota attorney could advise best, but your question remains open for three weeks. Some questions go unanswered, but you could try reposting and including Probate, Estate Planning, and Elder Law as categories. Good luck

1 Answer | Asked in Immigration Law for North Dakota on
Q: My brother was denied visa into the US due to fraud that he was involved in in 2010.

Can he file Form I-192: Application for Advance Permission to Enter as Nonimmigrant? Where can this be filed since he lives abroad? is it with the consulate or embassy? Thanks

James L. Arrasmith
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answered on Dec 18, 2023

In cases like your brother's, where there's a previous incident of fraud leading to visa denial, Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, can be a path to consider. This form is used to apply for what is known as a "waiver of inadmissibility,"... View More

1 Answer | Asked in Employment Law for North Dakota on
Q: Is memorandum of understanding for tuition payment between employee/employer legally binding if the employee quits?

My employer paid part of my tuition and had me sign an MOU stating I would pay it back in full if my employment ended within 5 years of completing school. Is that legally binding if I quit or if I’m fired?

T. Augustus Claus
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answered on Dec 14, 2023

In North Dakota, the enforceability of a Memorandum of Understanding (MOU) outlining tuition repayment upon employment termination depends on the specific terms in the agreement and relevant state laws. Generally, contracts like MOUs are binding, but whether repayment remains valid if you quit or... View More

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 Criminal Law for North Dakota on
Q: If I pay off outstanding warrants would I still have to go to jail?
James L. Arrasmith
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answered on Dec 4, 2023

Paying off outstanding warrants in Fargo, ND, or anywhere else, does not automatically mean you will avoid jail time. Warrants are issued for various reasons, including failure to appear in court or unpaid fines related to criminal matters.

When you pay off a warrant, typically, you are...
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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 Contracts and Landlord - Tenant for North Dakota on
Q: Can a landlord start a new lease without it being signed or agreed to?

I live in North Dakota. Upon the end of our lease, the lease states that it will automatically go month to month - we were month to month for a couple of months before our landlord sent a request for us to sign a new 6 month lease along with a rent increase via our rent portal. We did not sign that... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2023

No. If you did not agree to the new six month lease, it is not yet effective.

Be aware, however, that they can demand that you surrender the premises and can commence eviction proceedings.

1 Answer | Asked in Child Custody, Family Law and Civil Rights for North Dakota on
Q: Can I sue the county for my child failing for cocaine in their cuostdy for irreparable damages
T. Augustus Claus
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answered on Sep 27, 2023

If your child tested positive for cocaine while in county custody, you might have a case for negligence or other claims, depending on the circumstances and state law. However, successfully suing a county government often involves overcoming various legal hurdles, including immunity defenses.

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