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North Dakota Criminal Law Questions & Answers
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

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 Criminal Law for North Dakota on
Q: What is the punishment for stalking in North Dakota?

He is an ex boyfriend and stalked me for almost two months. He has previous charges, but not for stalking, his charges are traffic, drug related, and breaking into someone's house. Everything has been reported to the police from the beginning and he has confessed to it all.

T. Augustus Claus
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answered on Jul 18, 2023

Stalking is a serious offense that involves unwanted and repeated harassment, intimidation, or surveillance of another person. In North Dakota, the specific punishment for stalking can vary depending on the circumstances and the defendant's criminal history.

Now, considering your...
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1 Answer | Asked in Criminal Law for North Dakota on
Q: Does a defendant have the right to change his mind about having a court appointed attorney after he said he would repres

Represent himself

Lucas Wynne
Lucas Wynne
answered on Jul 9, 2023

Maybe not necessarily a right at that point (and it is only a right as long as you financially qualify), but I have a strong suspicion if you applied for a public defender after stating you'd represent yourself (and financially qualify) that one would be appointed. The truth of the matter is... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Dakota on
Q: A guy a guy hit me for no reason I was doing a repossession of the brother's car the other brother came up and hit me.

For no reason I was charged he was not how is this possible

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

It's possible because prosecutors simply go with the story they want to believe. You need an attorney to defend you and be willing to take it to a trial if it is in your best interests.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for North Dakota on
Q: A search warrant was issued for two motel rooms looking for contraband or anything related to use n distribution of a

controlled substance! They were looking for a certain Jane Doe but she was not listed on the search warrant! Only two room numbers were listed. One was her room n the other room next door was another guest entirely unrelated to the case. Was the warrant legal for two rooms looking for Jane Doe’s... View More

Lucas Wynne
Lucas Wynne
answered on Oct 10, 2022

Not enough information, an attorney needs to see the totality of the evidence to determine if a motion may be filed.

1 Answer | Asked in Small Claims and Criminal Law for North Dakota on
Q: what happens if money seize from raid was off in amount.. and memory card of camera taken. but not on evidence list.

before being raided. i was about to run to the bank to deposit money. i had counted the amount i had in hand. it was 11830$. but only 10500$ was on teh evidence.. as soon as they had me in handcuffs in my room. seein i had money layin out.. i had camera up. i smerkly said dont do something... View More

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2022

Civil forfeiture is generally a separate proceeding if you're contesting it - but if they outright stole your money and are wondering what will happen the real answer is nothing unless you do something about it. What would you do? Likely ask the BCI to open up an investigation.

1 Answer | Asked in Criminal Law and Civil Rights for North Dakota on
Q: Do I have to partispate in the 24/7 program giving urine samples in order to be out on bond. If I am not yet convicted
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

If the judge ordered it, then yes. However, you have the right to a bond review hearing.

1 Answer | Asked in Criminal Law for North Dakota on
Q: illegal search and seizure

boyfriend got stop for a traffic stop they came to his window and asked him to come out of the car to pat him down just because he had a conviction of a firearm 5 years prior they frisked him and didnt find anything then they said the reason was because they seen a crown royal bag sticking out of... View More

Lucas Wynne
Lucas Wynne
answered on May 2, 2022

You likely need the squad car video to determine if there was an illegal search and seizure under the US Constitution. Even if there was, you cannot simply orally tell the judge about the issue - you have to make a motion, which is difficult to do if you're not an attorney.

1 Answer | Asked in Criminal Law for North Dakota on
Q: can they get a search warrent for a hotel room if you where just a visitor and you left and not the guest '

boyfriend got stop in a traffic stop they illegally searched him and made him get out of the car asked him where he came from he said he was visiting a friend at a hotel room so then they got a search warrent for the room that wasnt even his because they thought they would find drugs there and it... View More

Lucas Wynne
Lucas Wynne
answered on May 2, 2022

Maybe. This is too detailed of a question for an attorney to answer without having first seen the evidence in the case.

1 Answer | Asked in Criminal Law for North Dakota on
Q: If the search warrants are quashed,should you still be charged or should it have been dismissed
Lucas Wynne
Lucas Wynne
answered on Jan 9, 2021

This is highly dependent on what other evidence exists.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for North Dakota on
Q: I was racially profiled at a hotel and accused of selling drugs and the manger allowed a warrant to be used to come

Detain me and destroy my property not to mention no drugs where found or evidence that drugs were being sold i actually had an officer tell me that was profiled because of where I was from and how I looked can I take any legal action towards this ?

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2021

You need an attorney to make a motion on the issue in the criminal case

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is it legal to use a fake non-government ID to verify your identity on Facebook?

For a personal-use account that is not being used to defraud, bully, or stalk. Currently there is no way to use a pseudonym on Facebook regardless of reasons (victim of stalking/domestic violence, trans, or just people that don't use their legal surname online.) Public/Private Library Card,... View More

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

No

1 Answer | Asked in Criminal Law for North Dakota on
Q: I am being charged with Theft by deception. however, I did not deceive anyone or steal any property. I am being denied

A public because the court is under the impression that I make too much money. I am currently unemployed and have been for about a month. What advice do you guys have for me?

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

I have a million pieces of advice because I take 10+ calls like yours every day. Firstly, most people would prefer a private attorney over a public defender and I hope you don't learn that reality the hard way. Secondly, if this case is in North Dakota and you were denied a public defender by... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: If I am sentenced with time suspended and I’m put on probation. If I have my probation revoked

Should I have to finish my original sentence or is the court allowed to throw out the first sentence except for the fines and re sentence me for the same crimes??

Lucas Wynne
Lucas Wynne
answered on Jun 10, 2020

Revocation on a charge can certainly occur due to a conviction on a new charge. However, a criminal defense lawyer would usually negotiate out a deal on the revocation that runs along with the new charge. Revocation is not required to be up to the original maximum but certainly can be.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Being charged with a felony that he did not commit

my boyfriend and I got into a fight my sister called the cops and now he is in the Ward County Jail being charged with interference of a 911 call and nobody called 911 can anyone help us with this?

Lucas Wynne
Lucas Wynne
answered on Jun 10, 2020

Any criminal defense attorney licensed here in North Dakota can help.

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was blind sided with a federal charge of sexual exploitation of a child and possesion of 14 child porn images.

My own blood cousin says i had naked pictures of her kids in my phone.

Both kids deny anything ever happend amd i never took there photos and we have CAC forensic interviews to prove this.

What are the odds of the jury aquiting me becase the kids deny this ever happend???

Lucas Wynne
Lucas Wynne
answered on Apr 28, 2020

I have represented numerous people with this type of criminal offense. You need an experienced lawyer yesterday. Federal charges are very difficult to beat and it is EASY to make the wrong decisions that can land you additional years in a federal case if you do not have a lawyer who knows what he... View More

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for North Dakota on
Q: Can i bring legal action against an adult who tried to help my minor run away.

My son is 15yrs old. He is on supervised probation. He has been in and out of facilities several times for behavior. He ran away last night and is now in police custody in a hospital. His aunt helped him and was coming to take him to a different city without permission. What can I do? His aunt has... View More

Lucas Wynne
Lucas Wynne
answered on Apr 11, 2020

Call police to report

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