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North Dakota Criminal Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Criminal Law for North Dakota on
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

I was Charged with "Dog at Large" 2 months later. She's maybe 2 lbs tops and has had most of her teeth pulled due to old age and is as friendly as ever, she, xxx, just likes being held.

Do the police or animal patrol have to be called to come into the trailer park? Trailer... Read more »

Lucas Wynne
Lucas Wynne answered on May 22, 2018

You should never write to a judge. You should only argue your case in court, usually with the help of a lawyer.

1 Answer | Asked in Criminal Law for North Dakota on
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
Lucas Wynne answered on Apr 3, 2018

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.

1 Answer | Asked in Criminal Law for North Dakota on
Q: How do I file a motion to amend criminal judgement on a motion to accelerate on deferred sentence.

When I never violated my probation and all fines and fees are paid before my probation is up. I Also had my updated address in there system and they sent my motion to accelerate paperwork to a place i never lived but yet they managed to send my criminal judgement paper work and my order to show... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 3, 2018

It appears you are asking a question about Iowa law, this section is used to ask questions about North Dakota law.

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Employment Law for North Dakota on
Q: Is a k9 sniff sufficient probable cause to search a stopped vehicle
Lucas Wynne
Lucas Wynne answered on Mar 26, 2018

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... Read more »

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1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.

Gregory William Liebl
Gregory William Liebl answered on Mar 26, 2018

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... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is throwing chocolate milk on a concrete wall that can be cleaned considered vandalism?

I my friend and i threw a kids size carton of chocolate milk at the side of a mall where the dumpsters are and they said they are going to charge us wih vandalism, could i fight this?

Lucas Wynne
Lucas Wynne answered on Mar 20, 2018

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.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for North Dakota on
Q: Someone broke into my home and stole my dog and police won't help me get him back, what do I do?

What kind of lawyer do I need?

Lucas Wynne
Lucas Wynne answered on Mar 17, 2018

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.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is a "Deferred Imposition of Sentence" still considered a conviction upon completion?

How would one know if the court fulfilled agreement? ("the defendant's guilty plea be withdrawn, or the guilty verdict be set aside; the case be dismissed; and the file be sealed.").

Lucas Wynne
Lucas Wynne answered on Mar 2, 2018

To determine if the court dismissed the case, you can call the court.

2 Answers | Asked in Criminal Law for North Dakota on
Q: Can state prosecute the same person for the same crime after they turn the case over to the federal government?
Lucas Wynne
Lucas Wynne answered on Feb 14, 2018

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.

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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
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
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
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
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
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
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
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
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... Read more »

Lucas Wynne
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
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.

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