North Dakota Criminal Law Questions & Answers
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 »
Q: Can a police officer issue several citations to a person 5 weeks after the fact when he anissually let them go free
Yes, you will likely need a lawyer.
Q: A 19yr old is at a private party and isn't drinking alcohol. 21 year olds are drinking. If cops arrive can 19yo be fined
Can the 19 year old be foned for being in proximity to an open container?
There is not enough information available to answer your question. If you have been charged, it's time to lawyer up.
Q: A sheriff asked a theft victim if they thought I might have taken their property. I have no criminal record or history
Does the Sherrif have the right to use my name like this to another civilian without evidence or at least a criminal history.
It sounds like the Sheriff may be attempting to have you be the main suspect in a crime. Although the sheriff is permitted to ask, you should retain an attorney if criminal charges have been pressed.
Q: Can a 13 yr old that is accusing a male age 26 yr old of rape leave the state while involved in a open case?
The thirteen year-old victim/witness should certainly appear for all court proceedings and may consider retaining an attorney if the prosecutor is not properly advocating for the victim. With that being said, there is nothing per se that would prohibit a victim from leaving the state unless a court... Read more »
Q: Can a statement from fiancee be used against defendant in DV case if they're married by court date
You need to consult with a lawyer to specifically address your question. Unfortunately, addressing this question on the internet could be detrimental to your case.
Q: How can I stop vehicle forfeiture by police when the vehicle was taken after an illegal search and seizure
A civil forfeiture proceeding is the only way to challenge a forfeiture by police.
Q: If someone absconded from probation with 2 years left. And also 3 years suspended time how long could they possibly be
This person has moderate criminal history
I'm sorry, but your question is very confusing.
Q: I was wondering if I got my cousin to sign a notarized paper stating that he confesses to the crime that I didnt do
Hey just wanted to ask you a question.
I was wondering if I got my cousin to sign a notarized paper stating that he confesses to the crime that I did not commit how would I present it to the court?and what would happen? He looks just like me
The cops have no pictures don't have... Read more »
You need a lawyer to address these issues. Self-help is unfruitful.
Q: I'm 16 and pregnate, the father is 18 how do we keep him from getting in trouble so he can support us?
Under 2 years apart in age, my parents kicked me out and disowned me. Won't sign for us to get married. Would not listing him as father protect him? I also heard that I could get a court to declare me independent then I could marry him? We live in North Dakota. Need an answer quickly please.
If you were older than fifteen at the time the child was conceived and the other party is within three years of your age and the act was consensual, no law has been broken.
Q: Illegal use of police access to records:
I work with a girl who is sleeping with a local police officer and she is in the courier business. Oftentimes she causes conflict with several customers on her route. When she is reprimanded, she then turns to her police officer boyfriend and obtains information about these new "enemies" and she... Read more »
You need to contact the appropriate supervisors of each.
Q: Is it illegal for a male cop.to search a female
No
Q: How can i get a post conviction relief lawyer for charge back in oxtober 2016? Is any on here?
Was charge with dv in oct 2016
You call a lawyer and pay him/her money.
Q: Can my probation be revokated after my probation end date has expired?
Completed eval for domestic violence, in responce letter from person who gave me the eval it says that i completed classes but because i took too long to pay for my eval he wants me to take additional classes. Nothing once said about me having any sort of issue or actually needing classes
Your question does not provide the information necessary to provide an answer.
Q: I have one class five felony on my record from thirty years ago. Is it true that I can legally purchase a firearm in ND?
I was told if it's more than ten years old. I can legally purchase a fire arm in North Dakota.
Generally, yes. However, it would be wise to pay an attorney to look into your particular case before purchasing a firearm.
Q: Sexual assault
My fiancé is being charged with sexual assault right now but they don't have anything other than he said she said. I need help to understand what's going to happen
The prosecutor and police will collect evidence ton use against your fiancé, the court procedure will include multiple appearances and may include a trial. If your finacé doesn't have an attorney, then your fiancé will be in a very difficult situation.
Q: I was granted full immunity in a criminal case, unfortunately I was charged roughly a year later with a separate offense
However my immunity case was a direct factor in the sentence I received in a separate case. I have no prior convictions and the states attorney brought up my immunity case to justify the amount of time she was giving me? Do I have any legal recourse?
Your question is much too vague to provide an answer. I suggest contacting an attorney.
Q: Sister and brother in law have court case on 10/18 for Felony drug possession in ND. What is to be expected at court.
Multiple charges. House was raided last December.
Your question does not make clear whether you have trial on 10/18, a preliminary hearing, an arraignment, etc. If it is a full trial, there is some likelihood that everything will be settled before the trial begins.
Q: No lawyer yet, pretrial conference tomorrow, can I ask for a continuance?
I have had my initial appearance for a DUI 2nd offense in 7 years in North Dakota. My pretrial conference is tomorrow and I haven't been able to get an attorney yet. I thought, and told the court that I would be able to afford one, but that hasn't been the case yet. I'm extremely anxious and not... Read more »
I am sorry that I did not see this question sooner. Hopefully things worked out for you.
Q: Is it illegal for a doctor to accuse parents for child abuse when the child was only disabled?
My son has been having problems since birth. We took him in for a COLD and doctors saw him and assumed he was a victim of child abuse because of his appreacnce (eyes are cooked, small head, wiggles his fingers and have seizures about 4 every hour, he is almost 2 but looks like 7 months )... Read more »
As soon as CPS gets involved, you need an attorney. You should ask Justia to remove this question because it could potentially be used against you.
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