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North Dakota Questions & Answers
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 Federal Crimes and Sexual Harassment for North Dakota on
Q: sexual assault

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

Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

There are too many unanswered questions to render any legal advice. "He said, she said" testimony may or may not be admissible in court proceedings. Statements by the defendant, your fiancé, are likely to be admitted into evidence, and testimony by the alleged victim may or not be... View More

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 Family Law for North Dakota on
Q: I was incarcerated two years ago and have yet to b sentenced. My sister has guardianship of my 16 yr old, and always has

Excuses y I can't have him for the weekend. I did not lose custody. What r my rights for visitation?

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

The answer to this question is dependent on your particular situation. Unfortunately, your question does not provide enough information for me to give you an answer.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Dakota on
Q: Is restricting parenting time an appropriate means to compell a party? Can contempt takeplace on phone w/out motion

Judge stated i was not unfit nor was it likely i would harm kids. I rescheduled an appt. Once which did not stand in violation of any order. I notified the guardian when she asked. She told opposing counsel who by letter requested a hearing . the letter included the date for rescheduled test... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

Yes.

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 Civil Rights for North Dakota on
Q: In what states can a suicidal person be involuntarily committed, and for how long?

I'm having an argument with my medical doctor cousin over whether involuntary commitment helps suicidal people in the long run.

Say a suicidal person is committed, and they are evaluated and counseled. Perfect awareness, mental acuity, calm and rational vs having some kind of... View More

Lucas Wynne
Lucas Wynne
answered on Aug 5, 2017

In North Dakota, 90 days initially. After that, a judge may issue an order for involuntary treatment for up to one year at a time. Treatment can be indefinite as long as the committed individual is given the right to periodic review and petition to discharge. Other rules apply. I am unsure how many... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Q: Can apartments make you get rid of a therapy dog that 2 of your dr's think you need and you have a medical papework?
Lucas Wynne
Lucas Wynne
answered on Jul 24, 2017

Believe it or not, I have run into this problem being faced by my clients quite frequently in the past. A letter from a medical doctor or therapist is all that is needed to classify the animal as an assistance animal. Landlords must agree to a reasonable accommodation request if the disability... View More

1 Answer | Asked in Immigration Law for North Dakota on
Q: What if my unmarried nephew age out on the sister case for I-130 F4 catogery when priority date becomes current
Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

He may be eligible for a green card under the Child Status Protection Act.

A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be...
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1 Answer | Asked in Traffic Tickets for North Dakota on
Q: An officer cited my age (24) three times when issuing ticket, said it is why I got a "higher" offense". Is this legal?

He said my entire age group is "reckless", stated that he "could have knocked it down but because of" my age he decided not to, and then tried to tell me a story about "a girl your age" who recently died in a crash. I have a perfect driving record, with zero tickets, or warnings of any sort.

Lucas Wynne
Lucas Wynne
answered on Jul 24, 2017

The simple fix is to hire an attorney. My usual approach is to assess the situation to determine if a client has a high probability of successfully contesting the ticket or cutting a deal. Generally, contesting a traffic ticket is not a high dollar case and the cost of doing so is well worth the... View More

1 Answer | Asked in Immigration Law for North Dakota on
Q: what if my nephew age out before F4 priority date
Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

Does CSPA apply to his case?

A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be included in the parents petition. For example, a...
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1 Answer | Asked in Collections for North Dakota on
Q: Can I take someone to court for owing me money and has refused to pay. I have all the proof for the money they owe me.
Lucas Wynne
Lucas Wynne
answered on Jul 6, 2017

Yes, go to small claims court.

1 Answer | Asked in Family Law for North Dakota on
Q: CPS came into my children's school and removed all of them from my husband and me. They then gave me 3days to find any

Kind of help. There was never no legal papers signed by a judge at anytime. I went to the team mtg at the village family center and they put me on a plan. Which I never signed and they still took my kids. No one will get back to me from there and the worker that started all this has a personal... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

You should contact the nearest legal services office and see if they might assist you.

1 Answer | Asked in Civil Litigation and Contracts for North Dakota on
Q: Is a stipulation signed by all parties concerned a contract
Nicholas Nelson
Nicholas Nelson
answered on Dec 18, 2017

Most likely yes. If a contract is a bargained for exchange among multiple parties, then it will likely be an enforceable contract. This is general legal advice. Adequate legal advice can only be given after meeting with the client and discussing all the facts of his or her situation. Good luck!

1 Answer | Asked in Child Support and Divorce for North Dakota on
Q: When you file for divorce are one of the parents required to pay child support?

If both parents agree that child support isnt needed can they legally get by without it.

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

No. One or both parents will be on the line for child support.

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 Child Support for North Dakota on
Q: In north Dakota. Will my child support be raised on income I "will" make? Or is it based upon only past income?

I am leaving the state for much better income. My child will remain in North dakota with my Ex. Can she immediately raise my child support based upon what I "will" earn in the upcoming year, or, only after 1 year of income. This concerns me as I might not stay there and paying the... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

The other party can seek a change in child support through the child support unit. Although the other party cannot unilaterally raise what you owe by simply telling you that you owe more, the state may.

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 Family Law and Immigration Law for North Dakota on
Q: I am an American citizen and I want to marry an Indian guy. We been know for an year. He is here on F1 status.

Ours is a homosexual relationship and I am student how does our marriage help him get a green card.?

Roger Carl Algase
Roger Carl Algase
answered on Jun 7, 2017

Same sex marriages are now recognized by USCIS for green card purposes. I have handled cases like this myself and have not had any problems with the immigration office. The best way to proceed would be to get married and file for the green card, just as with any other marriage relationship. All... View More

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