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North Dakota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for North Dakota on
Q: Is it legal to use a fake non-government ID to verify your identity on Facebook?

For a personal-use account that is not being used to defraud, bully, or stalk. Currently there is no way to use a pseudonym on Facebook regardless of reasons (victim of stalking/domestic violence, trans, or just people that don't use their legal surname online.) Public/Private Library Card,... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

No

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 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 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 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 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 Criminal Law and Workers' Compensation for North Dakota on
Q: On traffic stop.How long must one wait if after not giving permision 4 car search for a canine cop to show 2 search car

Picked up for no blinker used my passenger sez he has a warrant, and tries to hide on floor under food containers.which didnt work for him to well. His warrant. Was for not appearing for drug paraphernalia charge in different county. They said because I wouldnt allow search and his history of drug... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

There is way too little information here to make a legal determination. If you are facing a criminal charge, you need a lawyer.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Advice on retail theft case

I am being charged with retail theft. I paid with my phone and the payment I found out later did not go through properly. This has happened to me in the past and when I realized it I came back to the store and paid without a problem .. I don’t want retail theft on my record when it was an... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

Hire a lawyer to prove your case.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Does absconding while on bail change your future court dates

I'm also on parole .. and am doing intermediate measure right now

Lucas Wynne
Lucas Wynne answered on Oct 23, 2019

Yes - but not in a good way. The judge will kick your dates back because you're not there, likely hold you in contempt and revoke you on anything outstanding, and you may be charged with additional crimes for absconding. I've helped a good number of people figure out their court date... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: How do I answer"Have you ever been convicted of a felony?" if my record is sealed, but shows up on checks?

I plead guilty on a charge because I was told that the record would be sealed after two years of probation. I should have fought it, but it was cheaper and easier to plead than to fight it. I found out later I stay in the system on background checks. My state has a clause that says if I go 5 years... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

North Dakota does not say "five years and we treat it like it never happened." Instead, North Dakota has a period in which you can petition to seal your record. If you received a deferred imposition of sentence (which would seal it after probation) and it was never sealed, then petition... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: In the state of ND. If I fired my attorney at trial and requested a new one but the judge denied me a new attorney. Are

Their laws supporting me? I then represented myself but my original lawyer was on standby. I did not want her anywhere near me as she was not supporting me.

Lucas Wynne
Lucas Wynne answered on Sep 18, 2019

You have the right to an attorney at public expense if you cannot afford an attorney. You don't, however, have the right to pick your attorney at public expense. Unfortunately, many people end up being unsatisfied with their public defender. But being unsatisfied with your public defender... Read more »

2 Answers | Asked in Car Accidents, Wrongful Death, Criminal Law and DUI / DWI for North Dakota on
Q: What is the likely hood of getting a leaving the scene of accident dropped down, to next to nothing?no injury, parked.

I have a class A CDL and it is my primary source of income.

the car was parked and i wasnt sure I hit it, i drove away. no one was injured

they already issued a warrant and I paid 750 cash bond

Peter N. Munsing
Peter N. Munsing answered on Jul 11, 2019

see my answer to the duplicate question.

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1 Answer | Asked in Criminal Law and Animal / Dog Law for North Dakota on
Q: I feed, watered & opened window for 2 dog's in hot garage. 90°. I am being charged w trespassing now. Help

Nobody was home at this house. The police told them my name. The dogs were sitting in their own feces & urine...the whole garage was covered of weeks of waste. It was toxic! The door was unlocked, heard the dogs barking for weeks, I called police 3 times

Lucas Wynne
Lucas Wynne answered on Jun 23, 2019

You need a criminal defense lawyer. Most attorneys (like myself) offer free consultations.

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
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
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
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... 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
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
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
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
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.

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