North Dakota Criminal Law Questions & Answers
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?
Nicholas Nelson's answer
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 cannot give adequate legal advice without first discussing with you the particular details of your matter in their entirety. That being said, those are my initial thoughts. Good luck!
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 cannot give adequate legal advice without first discussing with you the particular details of your matter in their entirety. That being said, those are my initial thoughts. Good luck!
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
1 Answer
| Asked
in
Criminal Law and Appeals / Appellate Law
for
North Dakota
on
Answered on Aug 31, 2018
Answered on Aug 31, 2018
Lucas Wynne's answer
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.
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
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Landlord - Tenant
for
North Dakota
on
Answered on Aug 24, 2018
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
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 to do anything, talk to the local states attorney.
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 to do anything, talk to the local states attorney.
Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?
Lucas Wynne's answer
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.
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
1 Answer
| Asked
in
Civil Litigation, Criminal Law, Products Liability and Civil Rights
for
North Dakota
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Lucas Wynne's answer
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.
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
2 Answers
| Asked
in
Criminal Law and Domestic Violence
for
North Dakota
on
Answered on Jun 18, 2018
Answered on Jun 18, 2018
Nicholas Nelson's answer
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, then turn yourself in and hopefully get released on bail pending your trial - then gather witnesses that can account for your whereabouts on the night in question.
***This is general legal...
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, then turn yourself in and hopefully get released on bail pending your trial - then gather witnesses that can account for your whereabouts on the night in question.
***This is general legal...
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
Lucas Wynne's answer
You should never write to a judge. You should only argue your case in court, usually with the help of a lawyer.
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?
Lucas Wynne's answer
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.
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.
Lucas Wynne's answer
It appears you are asking a question about Iowa law, this section is used to ask questions about North Dakota law.
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
2 Answers
| Asked
in
Consumer Law, Contracts, Criminal Law and Employment Law
for
North Dakota
on
Answered on Mar 26, 2018
Answered on Mar 26, 2018
Lucas Wynne's answer
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 circumstances.
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 circumstances.
Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?
1 Answer
| Asked
in
Family Law, Criminal Law, Child Custody and Child Support
for
North Dakota
on
Answered on Mar 26, 2018
Answered on Mar 26, 2018
Gregory William Liebl's answer
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 legal avenues to take to address this issue, which is fairly common. Contact an attorney to follow up on this and how she can handle this situation, legally.
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 legal avenues to take to address this issue, which is fairly common. Contact an attorney to follow up on this and how she can handle this situation, legally.
Q: Is throwing chocolate milk on a concrete wall that can be cleaned considered vandalism?
Lucas Wynne's answer
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.
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?
1 Answer
| Asked
in
Criminal Law, Animal / Dog Law and Civil Rights
for
North Dakota
on
Answered on Mar 17, 2018
Answered on Mar 17, 2018
Lucas Wynne's answer
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.
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: Can state prosecute the same person for the same crime after they turn the case over to the federal government?
Lucas Wynne's answer
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.
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: Can father of child keep child away from mother without any contact or court order in court
Nicholas Nelson's answer
NDCC 14-09 deals with parental rights. Generally, both parents have rights unless otherwise ordered by the court. More information is needed to render any further legal advice. Good luck!
NDCC 14-09 deals with parental rights. Generally, both parents have rights unless otherwise ordered by the court. More information is needed to render any further legal advice. Good luck!
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's answer
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.
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?
Lucas Wynne's answer
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 minimum sentence is only applied if you plead guilty or are convicted. You should not assume that you will be found guilty as most cases result in a plea deal (which is more likely to fall on your...
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 minimum sentence is only applied if you plead guilty or are convicted. You should not assume that you will be found guilty as most cases result in a plea deal (which is more likely to fall on your...
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