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North Dakota Questions & Answers
1 Answer | Asked in Consumer Law, Products Liability and Contracts for North Dakota on
Q: I sold a vehicle "as is"

I sold a vehicle "as is" and the title wasn't switched over. Now the buyer doesn't want it and wants to return it. Where do I stand as it being sold "as is".

Peter N. Munsing
Peter N. Munsing
answered on Aug 11, 2016

Assuming that he's not complaining of something you knew about but didn't tell him about --e.g. you knew it needed a new tranny but didn't tell him--then you should be OK. "As Is " protects seller from buyers remorse. It isn't a free pass to sit on

information you knew abouit.

1 Answer | Asked in Estate Planning, Civil Litigation, Collections and Probate for North Dakota on
Q: Dad died 15 months ago in ND and step mom died this month. no children together. Next of kin is? Her mom is alive but 90

They had no children together but married over 20 years. Step moms mother is alive but is 90 and lives in nursing home (possibly mentally incompetent) . She has no birth or legally adopted children and no will or trust. Who is her next of next of kin?. Since its going to probate could i contest and... View More

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
answered on Feb 6, 2017

Your question is missing some important information, feel free to contact me via email so I can better answer it. But generally, you should have some interest in your father's estate, though it sounds like there is not much in it. If so, then the "spousal share" may eat up all of... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: Looking for information concerning sentencing

Is there somewhere a person can look up a particular judge's rulings in order to try to ascertain how he might rule in a similar case? I have a loved one awaiting sentencing and we'd like to try to be a little prepared regarding what to expect, if possible. I realize that several factors... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

I guess the best thing to do is to talk with a local criminal defense attorney who has known the judge for many years.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Can I file a restraining order against a man to whom I am not related? I live in Dickinson, ND.

I was recently assaulted by an individual visiting a neighbor. The woman doing the assaulting was arrested. The neighbor has continued to harass me and taken and destroyed property (he has been harassing me before the assault-I "rejected" him-he has tried to get my attention). I filed a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 11, 2015

You have to see a local attorney for a complete discussion about this.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Does a ND attorney have to appear in front of a judge to file a motion for a percentage bond?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 7, 2015

Um, that is how it works, you hire an attorney for a case, and the attorney does what is necessary in representing you. That would include filing a motion for bond, if necessary, and setting a hearing.

1 Answer | Asked in Contracts for North Dakota on
Q: How can a musician retaliate against a breach of contract?

I was hired on a verbal contract with three other musicians to perform an 8-week trial run at a location. I was let go after two weeks because of personality conflicts, so I understand.

I held up my end of the agreement by showing up and performing, with a smile on my face. I believe they... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 5, 2015

Before you do that, have a full discussion with a local attorney about this.

1 Answer | Asked in Immigration Law for North Dakota on
Q: For California residency,do 2 years that I was on F-1 visa in California prior to this semester count as year and 1 day?

I am an F-1 visa student and I'm getting married to my boyfriend who is US citizen and California resident. My question is about California residency determination after/if I get a green card. I have lived and went to college in California on F-1 visa for 2 years, but now I'm studying for... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 28, 2015

This is not exactly a immigration question, the best people to ask this question would be the people at the DMV. Call the DMV customer care and clear your doubts with them because eventually you will be applying for your ID at the DMV. All the best.

15 years of successful immigration law...
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1 Answer | Asked in Criminal Law for North Dakota on
Q: what should my son plead in his case which he is charged with drug paraphenalia?

He received his first ticket for this in Oct of 2014. He received another ticket for the same thing in April of 2015. He hadnt gone to court for the first one yet when he got the second ticket. He went to court on the first charge in May 2015 and received probation and was instructed to get a drug... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 19, 2015

He needs to talk to the attorney who was appointed to represent him.

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was questioned by police while getting gas then asked for licence and search for no reason? how is that legal?

a highway patrol stopped next to me at the gas station and began questioning me about the owner of the car and asked for my license..I said i didn't have it and then pursued to ask to search the car which was not in my name. where was the probable cause? I was practically bullied into... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

You say that there was no reason, but I will bet that the cop will say something totally different. Hire a criminal defense attorney if you were charged with a crime. The attorney will learn all the facts, not just your position, but the cop's position as well, and represent you accordingly.... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: why did I get questioned while getting gas without probable cause? I did nothing wrong.
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

Attorneys deal constantly with facts and the law. Without knowing the facts, we are at a strong disadvantage in attempting to answer any questions.

1 Answer | Asked in Criminal Law and International Law for North Dakota on
Q: Is it possible for a non-government person (private citizen) to file criminal charges in federal court?

There is a woman in Los Angeles who has violated federal law, but the United States Attorney there has chosen not to prosecute her.

I have enough evidence to bring her to trial.

Can I myself file a criminal complaint against this woman on behalf of the people of the United States of America?

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

Criminal cases are brought be prosecutors. A local lawyer can confirm.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...
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1 Answer | Asked in Criminal Law for North Dakota on
Q: If I got arrested for apc and refusal to take Breath test. Why am I being charged with a dui.? In north dakota
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2015

What is apc? People are charged with crime because probable cause exists.

1 Answer | Asked in Uncategorized for North Dakota on
Q: What is the current law in north dakota on tender years ????
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 12, 2015

Do an internet search for "tender years doctrine in North Dakota". I believe it has been abolished.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Can I press charges against a 19 year old boy for having sex with my 14 year old daughter in north dakota?

I do not allow her to date and found out through her computer they had sex and was talking about having a baby. I have all messages saved and need to know what I can do

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

Report it to the police? Did that occur to you? That is just common sense to me. If you believe a crime has been committed, report it to the police and they will investigate it. Technically, it is the prosecutor who actually presses the charges.

1 Answer | Asked in Uncategorized for North Dakota on
Q: Can i leave home at 17 when im pregnant?

I don't want to raise my child in Grand Forks and I do not want to get a place when she is already here. I have a place set up I can move to in Fargo but can I leave home legally?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 4, 2015

With your parents' permission, yes.

1 Answer | Asked in Immigration Law for North Dakota on
Q: My daughter file immigrationpetition for my 12 year old son.he is in the US vacation can I filethe adjustment of status

She fillet for him and me from 2012 I got through but he his perking is still at the review stage

Stephen Baird
Stephen Baird
answered on Dec 5, 2014

To get a full, specific answer for your question you would really need to speak to an attorney who you can describe the entire situation to, but as a general matter if you have an approved immigrant visa number you can file for adjustment of status.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: Didn't complete DUI program in Cali. Moved to North Dakota was issued new DL. DUI was in 08. Will there be any problems

Won't be moving back. Only did 15 months of a 18 month program. I explained everything to North Dakota an they said I would be giving that they only go back 3yrs. Just got a letter from Cali. Saying my dl from there would be suspended but I surrendered that one before I got my new one.

David Nelson Jolly
David Nelson Jolly
answered on Aug 26, 2014

Your DUI charge and possible conviction obviously ended with the requirement of you completing a recommended course of alcohol treatment. The Court typically monitors such treatment and if not completed can impose further sanctions, such as jail. The DMV/DOL has similar powers and if treatment is... View More

1 Answer | Asked in Contracts for North Dakota on
Q: How do I tailor a limited power of attorney to a specific task only.?Obtain duplicate title and transfer ownership.

I wrote one, but the dmv won't accept it unless it's a nd legal form. The principal won't sign that one because it's too general.

Charles Snyderman
Charles Snyderman
answered on Jun 14, 2014

If you can't find a limited power of attorney that's acceptable to DMV and the principal, you should hire an attorney to draft one for you.

1 Answer | Asked in Bankruptcy for North Dakota on
Q: How do I beging filing for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

To File, you should Prepare a Petition and Supporting...
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