North Dakota Criminal Law Questions & Answers
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
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.
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
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 »
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
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 »
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The first offense was for delivery of 3 grams of marijuana and the charge was dismissed, guilty plea withdrawn and then changed to a plea of not guilty and sealed after all of the probation requirements were met.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 »
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.
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 »
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 »
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 »
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.
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 »
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.
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
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 »
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?
Yes. He should get a lawyer right away.
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 »
You should never write to a judge. You should only argue your case in court, usually with the help of a lawyer.
Q: Extracting sms from a seized cell phone can police get a warrant or prosecute in any way depending on what was said?
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.
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 »
It appears you are asking a question about Iowa law, this section is used to ask questions about North Dakota law.
Q: Is a k9 sniff sufficient probable cause to search a stopped vehicle
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 »
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.
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 »
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?
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.
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?
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.
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.").
To determine if the court dismissed the case, you can call the court.
Q: Can state prosecute the same person for the same crime after they turn the case over to the federal government?
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.
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
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.
Q: If your first offense ever was a check fraud what would the minimum sentencing be?
It was over a $1000
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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