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North Dakota Questions & Answers
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.

2 Answers | Asked in Personal Injury for North Dakota on
Q: My husband was riding his bike on the sidewalk that passes the graveyard the fence that surrounded the graveyard is bent

Outward into the middle of the side walk he did not see it in time n wrecked into it busting his head open required 4 staples in his head brused his back is anyone liable for this

T. Augustus Claus
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answered on Sep 22, 2023

In North Dakota, premises liability laws could potentially come into play in a situation like this. These laws generally hold property owners responsible for maintaining safe conditions on their property. If the fence surrounding the graveyard was in disrepair and extending onto a public sidewalk,... View More

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2 Answers | Asked in Domestic Violence for North Dakota on
Q: petition for disorderly conduct restraining order filed in ND, will the petitioner be notified if a temp order is made
T. Augustus Claus
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answered on Sep 14, 2023

In North Dakota, if a petitioner files a petition for a disorderly conduct restraining order, the court may issue a temporary order or a temporary restraining order (TRO) depending on the circumstances and the judge's assessment of the case. Typically, when a TRO is granted, it is issued ex... View More

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1 Answer | Asked in Traffic Tickets and Municipal Law for North Dakota on
Q: Can I get my dus dismissed due to the reason igot pulled over

The cop said the reason why he pulled me over is because the stuff in my truck bed he didn't think was secure but when we went thru the roundabout he say that is was so can that be dismissed

Lucas Wynne
Lucas Wynne
answered on Sep 18, 2023

Potentially, but it is difficult to tell from the information you provided and it would require that emotion is filed.

1 Answer | Asked in Education Law for North Dakota on
Q: Residency rules when it comes to enrolling my son in Minnesota Virtual Academy. We currently live in ND.

K12 stride enrollment center mistakenly approved my sons enrollment in Minnesota Virtual Academy I guess and though enrollment was sending me all the info to get him started and the device sent our way that he needed, another person was saying he could not attend. So, to be sure, can you clarify if... View More

Lucas Wynne
Lucas Wynne
answered on Sep 18, 2023

I believe you are referring to an online educational program that is provided by the state of Minnesota for its taxpayers. If your child participated in this and it was later found out that you are not a resident a Minnesota, I would expect that a criminal charge would be filed against you.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I have been looking for my dog for over a year i found him at a shelter in another town they are refusing to release him

they will not give back my dog

T. Augustus Claus
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answered on Aug 17, 2023

In North Dakota, if you've been searching for your dog for over a year and have now found it at a shelter in another town, you could take several steps to reclaim your pet. Gather evidence of ownership like vet records and photographs, and communicate calmly with the shelter staff, providing... View More

Q: Why does my life not seem to matter why does a woman have to hemorrhage & pretty much die before obgyn will do a dnc

3 blood transfusions hours of unexplainable un necessary pain. To much pain meds given after patient specially said no more fentenal to then have to go into respiratory depression a laceration in my mouth from intubation and then to be told by the very person who didn't feel he needed to check... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 24, 2023

You make a great point. This is one of the reasons lawsuit are so important. And laws that limit or interfere with right to a jury trial do not serve justice. Otherwise doctors and others can get away without bad actions.

Here, there may be a case. Due to the nature of medical...
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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 Real Estate Law for North Dakota on
Q: So a woman who passed away gave me her original land patent as well as every warranty deed that went with it.

Does that make the land mine? or do I need to do something or file something when I called the city? They told me to get a lawyer and to not lose all this paperwork

Anthony M. Avery
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answered on Apr 7, 2023

Once the Deed is recorded, that actual document is irrelevant unless someone claims a forgery or fraud. Hire a ND attorney to search the Title and possibly administer the Estate. Unless you are an heir or she executed a Deed to you (recorded or not), you probably do not own the lands. But some... View More

1 Answer | Asked in Gov & Administrative Law and Military Law for North Dakota on
Q: Will your military medical history show up on a niccs backround check when purchasing a firearm?

I have a other than honorable discharge from military, and was all voluntary but did deal with some mental health issues. Would I still be able to purchase a firearm or will this get flagged during backround check?

Anthony M. Avery
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answered on Mar 6, 2023

That Discharge does not cause a firearm disability. Hopefully you are not on SSI. Try to buy the firearm and see what happens. There may be other events in your life which cause a bad NICS check. If so, you may be able to expunge them. Also you might request to upgrade your Discharge.

1 Answer | Asked in Employment Law for North Dakota on
Q: Can an employer force me to stay at work after my scheduled shift ends? I work at a hotel at the front desk.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

As long as you are paid for all of the hours you work, including at an overtime rate for all hours over 40 in a workweek if you are paid by the hour, then your employer can change or extend your schedule with or without notice to or approval by you.

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