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North Dakota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: Son had a public defender, but requested different. Then that PD ended up defending the person accusing my son in a

Federal drug case. Is that legal?

James L. Arrasmith
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answered on Jan 26, 2024

In the scenario you've described, where a public defender initially assigned to your son in a federal drug case ends up representing the person accusing your son, there are potential concerns regarding conflicts of interest. In legal practice, particularly in criminal defense, attorneys are... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: If I pay off outstanding warrants would I still have to go to jail?
James L. Arrasmith
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answered on Dec 4, 2023

Paying off outstanding warrants in Fargo, ND, or anywhere else, does not automatically mean you will avoid jail time. Warrants are issued for various reasons, including failure to appear in court or unpaid fines related to criminal matters.

When you pay off a warrant, typically, you are...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: Legal consequences for possession of 40 grams of fentanyl with two prior drug convictions in North Dakota.

I would like to know the potential legal consequences for possessing 40 grams of fentanyl in North Dakota. I currently have two prior felony convictions, both related to drug charges. What penalties or legal outcomes might I face?

James L. Arrasmith
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answered on Jun 12, 2025

You're facing extremely serious charges that could result in decades in prison. In North Dakota, possessing 40 grams of fentanyl is considered a Class A felony with intent to distribute, as this amount far exceeds personal use quantities. With two prior felony drug convictions, you'll be... View More

1 Answer | Asked in Civil Rights, Criminal Law and Traffic Tickets for North Dakota on
Q: Can my vehicle be searched and impounded after a stop for allegedly non-working lights in North Dakota?

In North Dakota, I was pulled over for allegedly having non-working lights, although they were functioning. During the stop, my passenger refused to provide her ID, leading officers to detain me in the back of their car. My passenger attempted to flee by driving the vehicle but was tackled shortly... View More

James L. Arrasmith
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answered on Jun 12, 2025

In North Dakota, as in most states, police generally need either your consent, a warrant, or probable cause to search your vehicle. If your vehicle was lawfully stopped for a traffic violation like non-working lights, the officers may have had the right to conduct a limited search if they had... View More

1 Answer | Asked in Criminal Law and Civil Litigation for North Dakota on
Q: Can the aggravated assault charge change if a weapon was seen but not recovered?

About a month ago, I left my partner, but he came to where I was staying. After repeatedly asking him to leave, another male friend arrived to assist me. Upon his arrival, a physical altercation broke out between the two men, and they struggled over what appeared to be a hammer. In the darkness, I... View More

James L. Arrasmith
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answered on Jun 12, 2025

This situation sounds emotionally and legally complex, especially since you were trying to protect yourself and things escalated. The fact that you asked your partner to leave before the fight started is important. It shows that he was on the property against your wishes, which could help establish... View More

1 Answer | Asked in Civil Rights and Criminal Law for North Dakota on
Q: Is attacking a corporeal ghost legally assault or battery?

I am curious about how the law would treat a hypothetical scenario in which a ghost is able to become corporeal, be physically interacted with, and feel pain. Given that the ghost is not necessarily classified as a person, but can experience pain, would an attack on such a ghost be legally... View More

James L. Arrasmith
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answered on May 14, 2025

That's a fascinating and eerie question, and it pushes the limits of how law defines “personhood” and “victim.” In most legal systems, assault or battery applies to actions against human beings or, in some cases, legally recognized persons. A ghost—even one that becomes... View More

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Gov & Administrative Law for North Dakota on
Q: How does someone file a complaint against a police officer for making you feel unsafe in the back of their vehicle?

I was taken to jail, the police officer proceeded to speed up and slow down, the cuffs left indents in my wrist. I asked her to stop and she turned the music up and start swerving all over the road. She was taking pictures on Snapchat of her self while driving. She tore apart my wallet looking for... View More

James L. Arrasmith
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answered on Feb 9, 2025

Filing a complaint against a police officer for misconduct is an important step to ensure accountability. You can start by documenting everything that happened, including the date, time, location, and details of the officer’s behavior. If you have any visible marks from the handcuffs, take photos... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: My question is what do they mean when one is being charge with a conspiracy to possess controlled substance1depr.
James L. Arrasmith
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answered on Jan 6, 2025

Being charged with conspiracy to possess a controlled substance means that you are accused of agreeing with others to engage in the illegal possession of drugs. This charge doesn't require that the actual possession took place, only that there was an agreement and some action taken towards... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Traffic Tickets and Criminal Law for North Dakota on
Q: Can an officer state that I failed to yield at a green light to turn left if he did not start moving forcing me to act?
James L. Arrasmith
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answered on Oct 3, 2024

If an officer claims you failed to yield at a green light while turning left, it depends on the situation. Legally, when turning left, you are expected to yield to oncoming traffic until it's safe to make the turn. However, if the officer wasn't moving or there was no oncoming traffic, it... 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 Civil Litigation, Criminal Law and Legal Malpractice for North Dakota on
Q: If I go in to get my drug patch changed at the 24/7 program while I have an active warrant will I get arrested.

I have to report to the 24/7 program in Minot north Dakota and the day before I'm required to go in to change out my current patch, there was a warrant issued for my arrest. Can they arrest me at the 24/7 program even though my warrant is unrelated?

Lucas Wynne
Lucas Wynne
answered on Dec 5, 2023

Likely, but they’re going to come arrest you anyway and you’d be better off voluntarily turning yourself in; if you wait the judge will likely notice you didn’t go voluntarily when considering whether to let you out again.

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was convicted of shop lifting a 10.00 item and possession of paraphernalia for marijuana. I went to court and plead gu

Guilty but haven't paid my fines due to being unemployed. It was almost a year ago. If I pay the fines now could I still have to go to jail

Lucas Wynne
Lucas Wynne
answered on Dec 5, 2023

I highly suggest paying the fines before they revoke you.

1 Answer | Asked in Criminal Law for North Dakota on
Q: What is the punishment for stalking in North Dakota?

He is an ex boyfriend and stalked me for almost two months. He has previous charges, but not for stalking, his charges are traffic, drug related, and breaking into someone's house. Everything has been reported to the police from the beginning and he has confessed to it all.

T. Augustus Claus
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answered on Jul 18, 2023

Stalking is a serious offense that involves unwanted and repeated harassment, intimidation, or surveillance of another person. In North Dakota, the specific punishment for stalking can vary depending on the circumstances and the defendant's criminal history.

Now, considering your...
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1 Answer | Asked in Criminal Law for North Dakota on
Q: Does a defendant have the right to change his mind about having a court appointed attorney after he said he would repres

Represent himself

Lucas Wynne
Lucas Wynne
answered on Jul 9, 2023

Maybe not necessarily a right at that point (and it is only a right as long as you financially qualify), but I have a strong suspicion if you applied for a public defender after stating you'd represent yourself (and financially qualify) that one would be appointed. The truth of the matter is... View More

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, Cannabis & Marijuana Law and Constitutional Law for North Dakota on
Q: A search warrant was issued for two motel rooms looking for contraband or anything related to use n distribution of a

controlled substance! They were looking for a certain Jane Doe but she was not listed on the search warrant! Only two room numbers were listed. One was her room n the other room next door was another guest entirely unrelated to the case. Was the warrant legal for two rooms looking for Jane Doe’s... View More

Lucas Wynne
Lucas Wynne
answered on Oct 10, 2022

Not enough information, an attorney needs to see the totality of the evidence to determine if a motion may be filed.

1 Answer | Asked in Small Claims and Criminal Law for North Dakota on
Q: what happens if money seize from raid was off in amount.. and memory card of camera taken. but not on evidence list.

before being raided. i was about to run to the bank to deposit money. i had counted the amount i had in hand. it was 11830$. but only 10500$ was on teh evidence.. as soon as they had me in handcuffs in my room. seein i had money layin out.. i had camera up. i smerkly said dont do something... View More

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2022

Civil forfeiture is generally a separate proceeding if you're contesting it - but if they outright stole your money and are wondering what will happen the real answer is nothing unless you do something about it. What would you do? Likely ask the BCI to open up an investigation.

1 Answer | Asked in Criminal Law for North Dakota on
Q: can they get a search warrent for a hotel room if you where just a visitor and you left and not the guest '

boyfriend got stop in a traffic stop they illegally searched him and made him get out of the car asked him where he came from he said he was visiting a friend at a hotel room so then they got a search warrent for the room that wasnt even his because they thought they would find drugs there and it... View More

Lucas Wynne
Lucas Wynne
answered on May 2, 2022

Maybe. This is too detailed of a question for an attorney to answer without having first seen the evidence in the case.

1 Answer | Asked in Criminal Law for North Dakota on
Q: illegal search and seizure

boyfriend got stop for a traffic stop they came to his window and asked him to come out of the car to pat him down just because he had a conviction of a firearm 5 years prior they frisked him and didnt find anything then they said the reason was because they seen a crown royal bag sticking out of... View More

Lucas Wynne
Lucas Wynne
answered on May 2, 2022

You likely need the squad car video to determine if there was an illegal search and seizure under the US Constitution. Even if there was, you cannot simply orally tell the judge about the issue - you have to make a motion, which is difficult to do if you're not an attorney.

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.

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