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North Dakota Civil Rights 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 Criminal Law, Traffic Tickets and Civil Rights for North Dakota on
Q: If an officer says vehicle has an odor of marijuana asks to search and is told no can they without a warrant?

If no marijuana is found but other evidence is found can it be used in court?

James L. Arrasmith
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answered on Sep 22, 2024

If an officer claims to smell marijuana, they may use that as probable cause to search your vehicle without a warrant. The legality of the search depends on the circumstances, such as whether the odor was strong enough to suggest criminal activity. In many places, the smell of marijuana alone is... View More

1 Answer | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for North Dakota on
Q: I'm a canadian who has stayed 3 years in America, what happens if I get caught? I have my kids with me.

My ID is expired and I'm to broke to go home, what will happen if I get pulled over or caught, will the just escort me to the border or will it be a whole court thing?

James L. Arrasmith
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answered on Jul 28, 2024

If you get caught staying in the U.S. beyond your authorized period, it could lead to serious consequences. Immigration authorities might detain you, and you may have to go through a removal process, which often involves a court hearing. This process can be lengthy and stressful, especially with... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Traffic Tickets and DUI / DWI for North Dakota on
Q: I got pulled over for window tint, even though it was legal, and the police did not meter it or give me a ticket of it..

But ended up giving me a dui because I refused the breathalyzer.

But the windows were of legal tint. Can I win and get it all thrown out?

James L. Arrasmith
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answered on Mar 29, 2024

If you were pulled over for window tint but were not ticketed for that specific issue, it indicates the initial stop may have been justified under the officer's belief that a violation occurred. However, the outcome of being charged with a DUI because of refusing a breathalyzer is a separate... View More

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.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Dakota on
Q: A guy a guy hit me for no reason I was doing a repossession of the brother's car the other brother came up and hit me.

For no reason I was charged he was not how is this possible

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

It's possible because prosecutors simply go with the story they want to believe. You need an attorney to defend you and be willing to take it to a trial if it is in your best interests.

1 Answer | Asked in Criminal Law and Civil Rights for North Dakota on
Q: Do I have to partispate in the 24/7 program giving urine samples in order to be out on bond. If I am not yet convicted
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

If the judge ordered it, then yes. However, you have the right to a bond review hearing.

1 Answer | Asked in Civil Rights and Constitutional Law for North Dakota on
Q: Legal complaint filed, time frame police are to investigate notify you

No

Lucas Wynne
Lucas Wynne
answered on Nov 18, 2021

The statute of limitations depends on the crime.

2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for North Dakota on
Q: What can I do about harrassment in the workplace? HR and state are not doing anything.

I work for a healthcare company and they have singled me out more than once, along with other CNAs, threatened to fire me over being sick and having car problems. And said if I was sick one more time or late due to car problems I would be fired.

Kyle Anderson
Kyle Anderson
answered on Jan 21, 2021

Hello, more information is needed here. General sickness is not protected under any federal law. If your illness is caused by a condition that qualifies as a disability under the Americans with Disabilities Act, you may have some level of protection. There is no protection for car issues. I would... View More

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1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for North Dakota on
Q: I was racially profiled at a hotel and accused of selling drugs and the manger allowed a warrant to be used to come

Detain me and destroy my property not to mention no drugs where found or evidence that drugs were being sold i actually had an officer tell me that was profiled because of where I was from and how I looked can I take any legal action towards this ?

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2021

You need an attorney to make a motion on the issue in the criminal case

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Native American Law for North Dakota on
Q: Do I have rights to view business policies and privacy policies from say a tribal newspaper operations?

And is there a state law protecting the name of minors?

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

There is no such right bestowed upon you. Your second question is too vague.

1 Answer | Asked in Civil Rights for North Dakota on
Q: Can police look through windows of your house if there are cars in the driveway and feel it could possibly be a party?

My daughter was recently detained while in North Dakota. I have spoke to the police and they claim tgey received a anonymous tip of a possible party because of cars in the driveway. 4 police officers hid in the woods for 2 hours and claim they saw what appeared to be someone underage drinking... View More

Lucas Wynne
Lucas Wynne
answered on Jun 17, 2020

Your first mistake is speaking to the police without a lawyer - it's a no-win game. Your daughter need a lawyer.

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Small Claims for North Dakota on
Q: can a college make you retake a class over after you already taken it, paid for it and passed it? same college mind you
Tim Akpinar
Tim Akpinar
answered on Sep 12, 2019

You could check the school's course policy. Schools can impose their own specific conditions, such as attaining a certain grade in a course, etc. If you have an academic advisor, maybe they could help explain your rights. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on
Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck

Asking for a friend

Lucas Wynne
Lucas Wynne
answered on Mar 20, 2019

There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.

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.

2 Answers | Asked in Civil Rights for North Dakota on
Q: if a town make a rule change and they seize you personal belongings do they have to composite you for the money invested

i have a sizable reptile collection now the town wants to make changes to the pet laws so they can make me get rid of my reptiles? I have been keeping reptiles for over 33 years and i have a lot of money invested in to my reptiles so what can i do to protect my investment ? I was born with spina... View More

Nicholas Nelson
Nicholas Nelson
answered on Jun 18, 2018

Further details are needed to adequately address your question.

Generally speaking, a law is not valid if it seeks to "punish" a person for an "act" that was previously legal. However, as I said, I cannot provide adequate legal advice without first discussing all the...
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1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for North Dakota on
Q: We are buying house in gackle ND. We owe money on it. We bought it on a Hand shake the town we live in is pressuring

The owner of the property to kick us out by telling him they will attach Leins on the house, that we owe, if they don't remove us from the house. They've, city counsel members and others, told him many untrue statements about us, the states attorney called him and asked him what can he... View More

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

There are too many unknown details to provide any accurate legal information.

Contact an attorney for a consultation on the matter - many perform the initial consultation for free.

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 Civil Rights and Landlord - Tenant for North Dakota on
Q: Over 6 months ive received 3letters for a non renewal of my lease is this discrimination?

Everytime there has been an issue i have taken care of it. Ive lived here since 2015 and never had a problem until new manager came. then the last 6 months on three seperate occasions i have revieved a letter for a non renewal of my lease. I asked why she gave me a reason and i resolved it every... View More

Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

There is not a specific North Dakota statute that requires a landlord to renew your lease. Generally, a tenant's best chance to challenge the refusal to renew is if the refusal to renew was based on discrimination. There could be a chance to prevent a refusal to renew if it is on public... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Dakota on
Q: How can I stop vehicle forfeiture by police when the vehicle was taken after an illegal search and seizure
Lucas Wynne
Lucas Wynne
answered on Oct 5, 2017

A civil forfeiture proceeding is the only way to challenge a forfeiture by police.

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