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North Dakota Questions & Answers
1 Answer | Asked in DUI / DWI for North Dakota on
Q: I got a dui in Watford City ND and I live in Oklahoma and I can’t afford to make it back to court in ND what do I do?

First dui in 10yrs and no money to get a lawyer

Lucas Wynne
Lucas Wynne
answered on Sep 7, 2018

Call and hire a defense lawyer in North Dakota rather than allow a warrant that can impact your employment and housing options go unhandled. Attorneys like myself handle this exact situation every day.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Q: Can I see my landlord for not accepting my Emotional Support Animal?

I live in Fargo, North Dakota and currently there are no psychologists that sign for Emotional Support Animals, so I went online and found a psychologist that did. Only thing is that they are from California. My landlord denied my Emotional Support Animal letter because the psychologist is not from... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Sep 16, 2018

you can sue, but that doesn't mean you'll win.

To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose

1 Answer | Asked in DUI / DWI for North Dakota on
Q: What steps could I take after receiving a minor in consumption of alcohol (MIC) at the age of 18 to get off my record?

North Dakota college student. Wondering how I can get it off of my record, if possible, as I am a pre-med student and will be applying to Medical schools in 2022.

Lucas Wynne
Lucas Wynne
answered on Sep 7, 2018

You seek a diversion, deferral, or dismissal.

1 Answer | Asked in Child Custody for North Dakota on
Q: Can a mother refuse a father from seeing his child? There is no court orders or anything. He is paying child support.

She is using their daughter as a pawn to control him... she is vindictive and verbally/mentally abusive to him. She told him that if he doesnt pay he doesnt get to see their daughter.... he is paying child support, she is referring to extra money.

Lucas Wynne
Lucas Wynne
answered on Aug 31, 2018

No order = no established rights. Time to bring it to court.

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
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... View More

1 Answer | Asked in Family Law for North Dakota on
Q: I am a 19 year old female and my parents told me I have 7 days to move out. What are my rights?

They have supported me my whole life sending me to private school and only until this summer did I get a job as they said it was unnecessary in the past. This summer they told me I had to live with them here in ND instead of our home in AZ. I was told I have 7 days to get out of the apartment by... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 24, 2018

I'm sorry to hear about your situation. Unfortunately, any parental responsibility in North Dakota ended on your nineteenth birthday. They are no longer obligated to house you, feed you, or provide for you. If the care is in their name, then you no longer have a right to that either.... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Dakota on
Q: Can you get 2nd off intent to deliver meth N.D.C.C. 19-03.1-23(1)(a)(1) if 1st is for 1/8 pot does 19-03.1-22.2 pertain

This is regarding N.D.C.C out of North Dakota.

The first offense was for delivery of 3 grams of marijuana and the charge was dismissed, guilty plea withdrawn and then changed to a plea of not guilty and sealed after all of the probation requirements were met. The judge, states attorney,... View More

Lucas Wynne
Lucas Wynne
answered on Aug 31, 2018

You are way over your head on this and need a defense attorney. No attorney can give you a real answer until they see the charging documents and evidence. Even if the charging documents made an error, the evidence could negate that error.

1 Answer | Asked in Family Law for North Dakota on
Q: Father of my daughter won’t let me see my daughter unless “I get a lawyer” I know this is not true

Due to the fact that we don’t have a parenting plan. Currently she is staying with his parents but is legally on my lease. Am I allowed to take her off the property she is staying at?

Lucas Wynne
Lucas Wynne
answered on Aug 31, 2018

If it is a court ordered parenting plan, then you need to get an attorney to hold him responsible. If it is not, then you need to bring him to court to get one.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on
Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

I’m originally from Wa, and have lived in North Dakota with my daughter up until a year and a half ago when I needed immediate medical attention because of severe Crohn’s disease, malnutrition and heart failure. I am now on the mend and would like my daughter to live with me in Wa because that... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 24, 2018

For starters, you should report the guns as stolen to the police.

If you have proof of any of what you said, seek help from an attorney to get full custody and a restraining order.

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for North Dakota on
Q: I reported animal cruelty on my sons landlords now I'm being harassed threatened

I reported animal cruelty on my sons landlords to the sheriffs department. The deputy gave them my name that I was in to file a complaint now I'm being harassed, threatened, and assaulted and the sheriff department will do nothing. I have called them 9 times in last 4 months because of them... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 24, 2018

Document every interaction, log the time, date, the person involved, and the nature of the incident. Also document every interaction with the police. Bonus points if you have any other evidence, such as phone records.

Once you have sufficient documentation, if the police are not willing...
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1 Answer | Asked in Real Estate Law for North Dakota on
Q: I have a Land Patent is that the same as a deed?
Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 24, 2018

You do not have a land patent.

Land patents are the original grants from the government to the initial owner. All such grants were made over a hundred years ago. Any subsequent transfer would be by deed.

1 Answer | Asked in Sexual Harassment for North Dakota on
Q: I was sexually harassed at my job by the general manager I made the complaint to the owner of the company I was terminat

On several occasions this man make gestures to me about him and his wife having an open relationship the night I work the bar wedding reception he stayed the entire time down there with me seven and a half hours and rubbed up against me continuously and if I needed to help in this area help but I... View More

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2018

You should retain a lawyer to assist you. If your story occurred as-described, you likely have a claim. Attorneys like myself assist people who are wrongfully terminated for similar reasons.

1 Answer | Asked in Criminal Law and Domestic Violence for North Dakota on
Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?

On a sunday evening my girlfriend struck me without warning and without our voices being raised, I instinctively responded and had struck her and put her on her back AFTER she blind-sided me. She had hit me again and i returned the punch and rolled off her and repeatredly told her to leave. 2... View More

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2018

It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: How much to file Quit Claim Deed in ND?

I have a Land Patent and need more proof.

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

The cost to file a deed in ND varies, but is generally around $25.

The cost of having an attorney prepare a quit claim deed varies from one attorney to another, but should be a few hundred dollars.

1 Answer | Asked in Agricultural Law and Real Estate Law for North Dakota on
Q: Why is federal law supreme to state law in land matters?

I'm having a land dispute were the other party has deed and I patent.

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land... View More

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: If parents were never married but the children has fathers last name who has legal custody
Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

If the parents are unable to sort it out between the two of them, the matter would need to go before a judge. Without further information, it is impossible to determine the outcome of such a proceeding.

3 Answers | Asked in Personal Injury and Car Accidents for North Dakota on
Q: What should I do if I'm injured in a car accident and the other driver leaves the scene before I can get his/her info?
Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 18, 2018

Hire an investigator or attorney in order to get the nearest surveillance video.

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2 Answers | Asked in Animal / Dog Law for North Dakota on
Q: So like 5 or 6 months ago i sold a puppy to my ex's cousin and she has never paid for him. I live in ND and she SD...

What am i supposed to do? Should i take her to court in SD or ND?

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2018

I would likely bring the lawsuit in whichever state you sold the puppy.

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1 Answer | Asked in Family Law for North Dakota on
Q: My daughter is an addict and is now pregnant - how can I make sure I get custody?
Gregory William Liebl
Gregory William Liebl
answered on Jul 15, 2018

There is never a guarantee that you can obtain custody over a child that is not yours. That said, you have several options to pursue and should contact an attorney to discuss whether custody is the best route for you to take. Some routes are more difficult and expensive than others and your lawyer... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Products Liability and Civil Rights for North Dakota on
Q: i would like to know if i have a court case or not. i was given false information and was promised 400,000 for 3500.00

this person does not live in the states and claims to work with (PCH) Publishers Clearing House. I have all the information and all the promises this person had made including the address of were he told me to send the money. plus full names and almost full locations and phone numbers of two... View More

Lucas Wynne
Lucas Wynne
answered on Jul 18, 2018

If they are located in the United States, you should contact law-enforcement in the city in which they are located. This is clearly a scam.

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