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North Dakota Criminal Law Questions & Answers

1 Answer | Asked in Civil Litigation and Criminal Law for North Dakota on

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 answered on Jan 1, 2018

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.

1 Answer | Asked in Criminal Law for North Dakota on

Q: If your first offense ever was a check fraud what would the minimum sentencing be?

It was over a $1000

Lucas Wynne answered on Dec 20, 2017

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 »

2 Answers | Asked in Criminal Law and DUI / DWI for North Dakota on

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?

Lucas Wynne answered on Oct 29, 2017

There is not enough information available to answer your question. If you have been charged, it's time to lawyer up.

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1 Answer | Asked in Criminal Law for North Dakota on

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.

Lucas Wynne answered on Oct 16, 2017

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.

1 Answer | Asked in Criminal Law for North Dakota on

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?

Lucas Wynne answered on Oct 16, 2017

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 »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Dakota on

Q: Can a statement from fiancee be used against defendant in DV case if they're married by court date

Lucas Wynne answered on Oct 15, 2017

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.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Dakota on

Q: How can I stop vehicle forfeiture by police when the vehicle was taken after an illegal search and seizure

Lucas Wynne answered on Oct 5, 2017

A civil forfeiture proceeding is the only way to challenge a forfeiture by police.

1 Answer | Asked in Criminal Law for North Dakota on

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

Lucas Wynne answered on Oct 5, 2017

I'm sorry, but your question is very confusing.

1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on

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 »

Lucas Wynne answered on Oct 5, 2017

You need a lawyer to address these issues. Self-help is unfruitful.

1 Answer | Asked in Juvenile Law, Sexual Harassment and Criminal Law for North Dakota on

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.

Lucas Wynne answered on Oct 5, 2017

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.

1 Answer | Asked in Constitutional Law and Criminal Law for North Dakota on

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 »

Lucas Wynne answered on Oct 5, 2017

You need to contact the appropriate supervisors of each.

1 Answer | Asked in Criminal Law for North Dakota on

Q: Is it illegal for a male cop.to search a female

Lucas Wynne answered on Oct 5, 2017

No

1 Answer | Asked in Criminal Law for North Dakota on

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

Lucas Wynne answered on Oct 5, 2017

You call a lawyer and pay him/her money.

1 Answer | Asked in Criminal Law for North Dakota on

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

Lucas Wynne answered on Oct 5, 2017

Your question does not provide the information necessary to provide an answer.

1 Answer | Asked in Criminal Law for North Dakota on

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.

Lucas Wynne answered on Oct 5, 2017

Generally, yes. However, it would be wise to pay an attorney to look into your particular case before purchasing a firearm.

1 Answer | Asked in Federal Crimes, Sexual Harassment and Criminal Law for North Dakota on

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

Lucas Wynne answered on Oct 5, 2017

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.

1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on

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?

Lucas Wynne answered on Oct 5, 2017

Your question is much too vague to provide an answer. I suggest contacting an attorney.

1 Answer | Asked in Criminal Law for North Dakota on

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.

Lucas Wynne answered on Oct 5, 2017

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.

1 Answer | Asked in Criminal Law and DUI / DWI for North Dakota on

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 »

Lucas Wynne answered on Sep 20, 2017

I am sorry that I did not see this question sooner. Hopefully things worked out for you.

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