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North Dakota Criminal Law Questions & Answers
1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.

Gregory William Liebl
Gregory William Liebl
answered on Mar 26, 2018

Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is throwing chocolate milk on a concrete wall that can be cleaned considered vandalism?

I my friend and i threw a kids size carton of chocolate milk at the side of a mall where the dumpsters are and they said they are going to charge us wih vandalism, could i fight this?

Lucas Wynne
Lucas Wynne
answered on Mar 20, 2018

Attorneys like myself offer free consultations for this type of issue. If you are charged with a crime as a result of this, you should speak with an attorney immediately. You should not be posting information about what occurred or admitting to your actions on the internet.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for North Dakota on
Q: Someone broke into my home and stole my dog and police won't help me get him back, what do I do?

What kind of lawyer do I need?

Lucas Wynne
Lucas Wynne
answered on Mar 17, 2018

You simply need a lawyer willing to take your case. Before a lawyer will take your case, you should have a retainer ready to pay and know who it was that stole the dog. If you don't know who it was, it's nearly impossible to initiate the proper lawsuit.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is a "Deferred Imposition of Sentence" still considered a conviction upon completion?

How would one know if the court fulfilled agreement? ("the defendant's guilty plea be withdrawn, or the guilty verdict be set aside; the case be dismissed; and the file be sealed.").

Lucas Wynne
Lucas Wynne
answered on Mar 2, 2018

To determine if the court dismissed the case, you can call the court.

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?
Lucas Wynne
Lucas Wynne
answered on Feb 14, 2018

You should be very careful when discussing your criminal case online - please do not share more information about this case publicly, call an attorney to discuss instead. Most offer free consultations.

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1 Answer | Asked in Civil Litigation and Criminal Law for North Dakota on
Q: If you have a public data record what does it mean doc #6 and doc#7 after a bench warrant and a sherriff return
Lucas Wynne
Lucas Wynne
answered on Jan 1, 2018

What you are seeing is a document record listing, not the record itself. The document you are referring to is likely a bench warrant for your arrest. You will need a criminal defense lawyer.

1 Answer | Asked in Criminal Law for North Dakota on
Q: If your first offense ever was a check fraud what would the minimum sentencing be?

It was over a $1000

Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

As an attorney who practices criminal defense throughout North Dakota, I would first caution you not to share information about the crime being alleged. In this particular case, you should seriously consider retaining an attorney as the prosecution will not care that this is your first offense. The... View More

2 Answers | Asked in Criminal Law and DUI / DWI for North Dakota on
Q: A 19yr old is at a private party and isn't drinking alcohol. 21 year olds are drinking. If cops arrive can 19yo be fined

Can the 19 year old be foned for being in proximity to an open container?

Lucas Wynne
Lucas Wynne
answered on Oct 29, 2017

There is not enough information available to answer your question. If you have been charged, it's time to lawyer up.

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Dakota on
Q: Can a statement from fiancee be used against defendant in DV case if they're married by court date
Lucas Wynne
Lucas Wynne
answered on Oct 15, 2017

You need to consult with a lawyer to specifically address your question. Unfortunately, addressing this question on the internet could be detrimental to your case.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Can a 13 yr old that is accusing a male age 26 yr old of rape leave the state while involved in a open case?
Lucas Wynne
Lucas Wynne
answered on Oct 16, 2017

The thirteen year-old victim/witness should certainly appear for all court proceedings and may consider retaining an attorney if the prosecutor is not properly advocating for the victim. With that being said, there is nothing per se that would prohibit a victim from leaving the state unless a court... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: Sister and brother in law have court case on 10/18 for Felony drug possession in ND. What is to be expected at court.

Multiple charges. House was raided last December.

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2017

Your question does not make clear whether you have trial on 10/18, a preliminary hearing, an arraignment, etc. If it is a full trial, there is some likelihood that everything will be settled before the trial begins.

1 Answer | Asked in Criminal Law and DUI / DWI for North Dakota on
Q: No lawyer yet, pretrial conference tomorrow, can I ask for a continuance?

I have had my initial appearance for a DUI 2nd offense in 7 years in North Dakota. My pretrial conference is tomorrow and I haven't been able to get an attorney yet. I thought, and told the court that I would be able to afford one, but that hasn't been the case yet. I'm extremely... View More

Lucas Wynne
Lucas Wynne
answered on Sep 20, 2017

I am sorry that I did not see this question sooner. Hopefully things worked out for you.

1 Answer | Asked in Federal Crimes, Sexual Harassment and Criminal Law for North Dakota on
Q: Sexual assault

My fiancé is being charged with sexual assault right now but they don't have anything other than he said she said. I need help to understand what's going to happen

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2017

The prosecutor and police will collect evidence ton use against your fiancé, the court procedure will include multiple appearances and may include a trial. If your finacé doesn't have an attorney, then your fiancé will be in a very difficult situation.

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for North Dakota on
Q: This guy has two friends and he borrowed his truck to one friend, can the other friend call that truck in stolen.

The truck my boyfriend was driving got pulled over for being reported stolen. But the owner did not make the stolen report. How do I get him out. Do I tell police the owner did not report his truck stolen. What happens

Lucas Wynne
Lucas Wynne
answered on Aug 17, 2017

You do not speak with the police unless your goal is to give them information that would hurt your case. You pay the bail and your boyfriend challenges the charges.

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for North Dakota on
Q: Is it illegal for me to start an LLC with one other partner if I don't intend on participating in the business?

Hsjeif

Lucas Wynne
Lucas Wynne
answered on Aug 11, 2017

The bigger issue here is addressing why you feel pressured to enter into this arrangement. The only issue that would arise is if you agreed to a certain level of participation in the LLC or voided some other contract.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Dakota on
Q: I am in Jamestown ND How do i view police body cam and video taken?
Lucas Wynne
Lucas Wynne
answered on Jul 24, 2017

I will address your question and add additional information that may be helpful. However, as a criminal defense lawyer who offers services throughout North Dakota, I strongly caution you not to handle a criminal case on your own. Criminal law is among the most complex areas of law and,... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: I have one class five felony on my record from thirty years ago. Is it true that I can legally purchase a firearm in ND?

I was told if it's more than ten years old. I can legally purchase a fire arm in North Dakota.

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2017

Generally, yes. However, it would be wise to pay an attorney to look into your particular case before purchasing a firearm.

1 Answer | Asked in Family Law and Criminal Law for North Dakota on
Q: Is it illegal for a doctor to accuse parents for child abuse when the child was only disabled?

My son has been having problems since birth. We took him in for a COLD and doctors saw him and assumed he was a victim of child abuse because of his appreacnce (eyes are cooked, small head, wiggles his fingers and have seizures about 4 every hour, he is almost 2 but looks like 7 months )... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

As soon as CPS gets involved, you need an attorney. You should ask Justia to remove this question because it could potentially be used against you.

1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: I was wondering if I got my cousin to sign a notarized paper stating that he confesses to the crime that I didnt do

Hey just wanted to ask you a question.

I was wondering if I got my cousin to sign a notarized paper stating that he confesses to the crime that I did not commit how would I present it to the court?and what would happen? He looks just like me

The cops have no pictures don't... View More

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2017

You need a lawyer to address these issues. Self-help is unfruitful.

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