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North Dakota Criminal Law Questions & Answers

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 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 Criminal Law, Appeals / Appellate Law and Legal Malpractice for North Dakota on

Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible

They had several violations of the rules of professional conduct and got disbared because of it if it's possible how do I go about filing papers myself and what forms will I need

Lucas Wynne answered on Jan 16, 2019

Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a... Read more »

1 Answer | Asked in Criminal Law for North Dakota on

Q: If a charge is sealed, verdict changed from guilty to not guilty and signed by judge. Can it be used for a 2nd offense?

For intent to delivery a controlled substance

Nicholas Nelson answered on Sep 18, 2018

Your question is someone of a complicated one. Even when records go off the public record, the government can still access them. I would certainly argue that the "not guilty" charge should not count as the "first" charge, as you were "not guilty". Note - cases are highly fact dependent and I... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Dakota on

Q: Can you get 2nd off intent to deliver meth N.D.C.C. 19-03.1-23(1)(a)(1) if 1st is for 1/8 pot does 19-03.1-22.2 pertain

This is regarding N.D.C.C out of North Dakota.

The first offense was for delivery of 3 grams of marijuana and the charge was dismissed, guilty plea withdrawn and then changed to a plea of not guilty and sealed after all of the probation requirements were met. The judge, states attorney,... Read more »

Lucas Wynne answered on Aug 31, 2018

You are way over your head on this and need a defense attorney. No attorney can give you a real answer until they see the charging documents and evidence. Even if the charging documents made an error, the evidence could negate that error.

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for North Dakota on

Q: I reported animal cruelty on my sons landlords now I'm being harassed threatened

I reported animal cruelty on my sons landlords to the sheriffs department. The deputy gave them my name that I was in to file a complaint now I'm being harassed, threatened, and assaulted and the sheriff department will do nothing. I have called them 9 times in last 4 months because of them... Read more »

Stefan Dunkelgrun answered on Aug 24, 2018

Document every interaction, log the time, date, the person involved, and the nature of the incident. Also document every interaction with the police. Bonus points if you have any other evidence, such as phone records.

Once you have sufficient documentation, if the police are not willing...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for North Dakota on

Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?

On a sunday evening my girlfriend struck me without warning and without our voices being raised, I instinctively responded and had struck her and put her on her back AFTER she blind-sided me. She had hit me again and i returned the punch and rolled off her and repeatredly told her to leave. 2... Read more »

Lucas Wynne answered on Aug 14, 2018

It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.

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... Read more »

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 Criminal Law and Domestic Violence for North Dakota on

Q: Police came to apartment after girlfriend called claiming i hit hee but i was not there when they arrived but 2 warrants

Have been issued for my arresf 1 for simple assault domestic and the other for interfering with a 911 call what are my options and do they have a case its been almost 2 months since the warrants have been issued

Nicholas Nelson answered on Jun 18, 2018

With active warrants you want to retain an attorney as soon as possible. If you truly were not there, you certainly would have a chance of beating the charges.

Your options are to either 1) continue absconding and wait to be either arrested or summoned to court or 2) get an attorney,...
Read more »

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1 Answer | Asked in Criminal Law for North Dakota on

Q: my boyfriend got pulled over and while being pulled over police found a camera case in his vehicle with a half a gram of

Meth. They took the case but didn't say anything to him so he didn't even know they had it and then pulled him in on it a week and a half later. Is that right that they can do that?

Lucas Wynne answered on Jun 7, 2018

Yes. He should get a lawyer right away.

1 Answer | Asked in Animal / Dog Law and Criminal Law for North Dakota on

Q: An officer took my 12yr old dog from my yard in a private property trailer park. Took to the pound, charged dog at large

I was Charged with "Dog at Large" 2 months later. She's maybe 2 lbs tops and has had most of her teeth pulled due to old age and is as friendly as ever, she, xxx, just likes being held.

Do the police or animal patrol have to be called to come into the trailer park? Trailer parks are... Read more »

Lucas Wynne answered on May 22, 2018

You should never write to a judge. You should only argue your case in court, usually with the help of a lawyer.

1 Answer | Asked in Criminal Law for North Dakota on

Q: Extracting sms from a seized cell phone can police get a warrant or prosecute in any way depending on what was said?

Lucas Wynne answered on Apr 3, 2018

In North Dakota, whether the police will be able to use the evidence at trial depends on whether the judge permits it - that will depend on the outcome of motion hearings, the application of the Rules of Evidence, etc.

1 Answer | Asked in Criminal Law for North Dakota on

Q: How do I file a motion to amend criminal judgement on a motion to accelerate on deferred sentence.

When I never violated my probation and all fines and fees are paid before my probation is up. I Also had my updated address in there system and they sent my motion to accelerate paperwork to a place i never lived but yet they managed to send my criminal judgement paper work and my order to show... Read more »

Lucas Wynne answered on Apr 3, 2018

It appears you are asking a question about Iowa law, this section is used to ask questions about North Dakota law.

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Employment Law for North Dakota on

Q: Is a k9 sniff sufficient probable cause to search a stopped vehicle

Lucas Wynne answered on Mar 26, 2018

Do not post any additional information about your case online. You do not want to reveal enough information for the police to identify you. Instead, contact a criminal defense lawyer for help. Many attorneys like myself offer free consultations. The answer to your question depends on the particular... Read more »

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1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on

Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.

Gregory William Liebl answered on Mar 26, 2018

Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are different... Read more »

1 Answer | Asked in Criminal Law for North Dakota on

Q: Is throwing chocolate milk on a concrete wall that can be cleaned considered vandalism?

I my friend and i threw a kids size carton of chocolate milk at the side of a mall where the dumpsters are and they said they are going to charge us wih vandalism, could i fight this?

Lucas Wynne answered on Mar 20, 2018

Attorneys like myself offer free consultations for this type of issue. If you are charged with a crime as a result of this, you should speak with an attorney immediately. You should not be posting information about what occurred or admitting to your actions on the internet.

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 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 Criminal Law for North Dakota on

Q: Is a "Deferred Imposition of Sentence" still considered a conviction upon completion?

How would one know if the court fulfilled agreement? ("the defendant's guilty plea be withdrawn, or the guilty verdict be set aside; the case be dismissed; and the file be sealed.").

Lucas Wynne answered on Mar 2, 2018

To determine if the court dismissed the case, you can call the court.

2 Answers | Asked in Criminal Law for North Dakota on

Q: Can state prosecute the same person for the same crime after they turn the case over to the federal government?

Lucas Wynne answered on Feb 14, 2018

You should be very careful when discussing your criminal case online - please do not share more information about this case publicly, call an attorney to discuss instead. Most offer free consultations.

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1 Answer | Asked in Civil Litigation and Criminal Law for North Dakota on

Q: If you have a public data record what does it mean doc #6 and doc#7 after a bench warrant and a sherriff return

Lucas Wynne answered on Jan 1, 2018

What you are seeing is a document record listing, not the record itself. The document you are referring to is likely a bench warrant for your arrest. You will need a criminal defense lawyer.

1 Answer | Asked in Criminal Law for North Dakota on

Q: If your first offense ever was a check fraud what would the minimum sentencing be?

It was over a $1000

Lucas Wynne answered on Dec 20, 2017

As an attorney who practices criminal defense throughout North Dakota, I would first caution you not to share information about the crime being alleged. In this particular case, you should seriously consider retaining an attorney as the prosecution will not care that this is your first offense. The... Read more »

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