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1 Answer | Asked in Personal Injury, Environmental and Wrongful Death for North Dakota on
Q: Is north Dakota responsible if someone got life threatening/shorting illness from bacteria that should have been removed

8yrs ago friend caught illness from bacteria in state park that should have been checked for and removed. She takes daily cancer treatment and is losing her life to it. She doesn't have money and north Dakota isn't helping them, they just deny. They need help! No one to turn to.

Tim Akpinar
Tim Akpinar answered on Oct 18, 2020

A North Dakota attorney could advise best, but your question remains open for three weeks. I'm sorry for your friend's ordeal. It is a very saddening situation, but in terms of a legal claim, it presents challenges. In addition to the issue of time here, there is the element of causality.... Read more »

1 Answer | Asked in Uncategorized for North Dakota on
Q: I received an email from Google today about my Google account is being subpoena. I don't really understand it.

Google has received a subpoena for information related to your Google account. This email serves as notice to you that Google may produce information in response to the subpoenas unless you make a formal objection in court, as described below.

The subpoena was issued by the Plaintiffs in... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

I will simplify it: a dude is suing Playitka and Caesar's Interactive Entertainment due to what is alleged to be the operation of an illegal online gaming operation. The subpoena is attempting to identify other people who may have lost money to this operation (e.g. you) to establish a class... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: I am being charged with Theft by deception. however, I did not deceive anyone or steal any property. I am being denied

A public because the court is under the impression that I make too much money. I am currently unemployed and have been for about a month. What advice do you guys have for me?

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

I have a million pieces of advice because I take 10+ calls like yours every day. Firstly, most people would prefer a private attorney over a public defender and I hope you don't learn that reality the hard way. Secondly, if this case is in North Dakota and you were denied a public defender by... Read more »

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I am trying to get my nephew a legal aid lawyer so he can get custody of my niece. The Mother has just passed away.

The father is out of the picture. Will you please lead me in the right direction?

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Sure! Firstly, your nephew needs to be making the calls rather than you. But the website you needs is legalassist.org, which is for Legal Services of North Dakota.

1 Answer | Asked in Foreclosure, Personal Injury and Real Estate Law for North Dakota on
Q: My home in Philadelphia was foreclosed on in 2010. I was employed with the Prisons then. I suffered a heart attack

I went to numerous court hearings and never got a result. I am a combat Veteran of Desert Storm. My wife and I would like some answers

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

This could be something that a Pennsylvania attorney and/or North Dakota attorney should advise on, but you await a response for two weeks. If there was an attorney representing you in the earlier hearings, contacting them and asking about the status of the file could be a starting point. If you... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for North Dakota on
Q: My daughter needs to appeal a Child Custody Judgement that was dated July 23, 2020. Im going to file the appeal.

The grand parents intervened after mediation was completed. My daughter lawyer quit because of funding,. so she had no representation at the Zoom trial. The fathers parents had attorney.My daughter and father were never married, his parents took my daughters son when she took a apartment in... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 30, 2020

First, I am not at ND lawyer. That being said, if you have a final judgment--or if there's an exception to the final judgment rule, in either the statutes or appellate court Rules in ND--I would definitely answer yes, you can appeal. But be aware, usually you have 30 days to note the ap peal... Read more »

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: If a dog is found by someone and they decide they can't keep the dog for less than 24 hrs, can they rehome it?

My dog was running on our land and picked up by someone. The person then decided to rehome and request people to come get him in less than 24hrs. Is that legal?

Lucas Wynne
Lucas Wynne answered on Jun 17, 2020

Can they legally keep your dog? Unlikely. Your remedy is to call the police, who will likely tell you it is a "civil matter." Your remedy is to then bring a small claim against the person holding the dog for the return of the dog.

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... Read 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 Landlord - Tenant for North Dakota on
Q: Question regarding harassment in mobile home park community.

We live in a mobile home community. Park manager’s brother lives next door. We had an incident last week where he harassed my daughter when she was outside on our deck because we complained about his dog being off leash (against park and city rules/law) to the corporate office. I made a police... Read more »

Lucas Wynne
Lucas Wynne answered on Jun 17, 2020

If the lack of criminal history is a condition of the leasing contract that you relied upon, you could potentially sue the trailer park.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Being charged with a felony that he did not commit

my boyfriend and I got into a fight my sister called the cops and now he is in the Ward County Jail being charged with interference of a 911 call and nobody called 911 can anyone help us with this?

Lucas Wynne
Lucas Wynne answered on Jun 10, 2020

Any criminal defense attorney licensed here in North Dakota can help.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: How can I be arrested for dus when the arresting officer said he seen me driving but has no actual proof

Then on my first court appearance says he not absolutely sure it was me he seen driving. Why am I still having to go to court for this

Lucas Wynne
Lucas Wynne answered on Jun 10, 2020

When you walk into the courtroom, the odds are often stacked against you. The answer here is likely that you need an attorney. The place to prove or disprove a claim is trail, not the first appearance.

1 Answer | Asked in Criminal Law for North Dakota on
Q: If I am sentenced with time suspended and I’m put on probation. If I have my probation revoked

Should I have to finish my original sentence or is the court allowed to throw out the first sentence except for the fines and re sentence me for the same crimes??

Lucas Wynne
Lucas Wynne answered on Jun 10, 2020

Revocation on a charge can certainly occur due to a conviction on a new charge. However, a criminal defense lawyer would usually negotiate out a deal on the revocation that runs along with the new charge. Revocation is not required to be up to the original maximum but certainly can be.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: Can an ex legally demand your dog to go with them?

My ex and I broke up in September of 2019. 2 months later he asked to take our dog from me and I said no because he did not have his own place to live yet. A few months later he asked if a friend could come take him from me to take to my ex, I said no because I was not comfortable with someone else... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 28, 2020

Costly fight over a dog? That's a laugh. Dogs are deemed property. Because that dog is probably worth a couple hundred dollars (at most) in the eyes of the state, the most expensive thing he could likely due is bring you to small claims court or file another civil case.

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was blind sided with a federal charge of sexual exploitation of a child and possesion of 14 child porn images.

My own blood cousin says i had naked pictures of her kids in my phone.

Both kids deny anything ever happend amd i never took there photos and we have CAC forensic interviews to prove this.

What are the odds of the jury aquiting me becase the kids deny this ever happend???

Lucas Wynne
Lucas Wynne answered on Apr 28, 2020

I have represented numerous people with this type of criminal offense. You need an experienced lawyer yesterday. Federal charges are very difficult to beat and it is EASY to make the wrong decisions that can land you additional years in a federal case if you do not have a lawyer who knows what he... Read more »

1 Answer | Asked in Divorce for North Dakota on
Q: In North Dakota if I leave my husband can he count that as abandonment and not give me my half of the house?

We have been married for 16 years and have lived in this house for 9 years.

Lucas Wynne
Lucas Wynne answered on Apr 22, 2020

You may be looking for 14-07-11 and 14-07-11 of the North Dakota Century Code. But the better answer is that you need an attorney to help you file for a divorce. Divorce can be quick and relatively painless if settled by way of agreement or collaborative family law.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Want to lease my home out, but it’s not paid for yet? Can we buy another house at this time?
Lucas Wynne
Lucas Wynne answered on Apr 22, 2020

The short answer: call your bank (for mortgage restrictions), call your city (for rental permits).

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for North Dakota on
Q: Can i bring legal action against an adult who tried to help my minor run away.

My son is 15yrs old. He is on supervised probation. He has been in and out of facilities several times for behavior. He ran away last night and is now in police custody in a hospital. His aunt helped him and was coming to take him to a different city without permission. What can I do? His aunt has... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 11, 2020

Call police to report

1 Answer | Asked in Civil Litigation for North Dakota on
Q: I am in North Dakota and I decided to sell my 05 Honda Pilot but I had problem with the buyer and I repoed the car

I decided to help this girl and gave her a very deep slash on the price. The main reason I gave her such a price was that it would help her and it would honor my wife as i think she would approve, I had to speed up the sell and I asked her for $600 down and $400 to come and they agreed and I told... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 7, 2020

Sounds civil

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: If my dog bites a kid that came to him without permission or being warned that he has not been near kids is it my fault?

Hypothetical question. Was told by my brother and sister in law it would be my fault. My dog is a Sheltie and is very expressive before taking action also has not bitten anyone. I am concerned with how kids act around dogs and dont listen very well that I will have to put my dog, who is my ESD for... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 7, 2020

No attorney can predict the outcome of a case with accuracy. With that being said, if you knew these kids were coming towards your dog and the dog bites them, it sounds like you are the one most likely to lose in that situation because you already knew what was going to happen.

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