North Dakota Criminal Law Questions & Answers
Q: Is it illegal for me to start an LLC with one other partner if I don't intend on participating in the business?
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The bigger issue here is addressing why you feel pressured to enter into this arrangement. The only issue that would arise is if you agreed to a certain level of participation in the LLC or voided some other contract.
Q: I am in Jamestown ND How do i view police body cam and video taken?
I will address your question and add additional information that may be helpful. However, as a criminal defense lawyer who offers services throughout North Dakota, I strongly caution you not to handle a criminal case on your own. Criminal law is among the most complex areas of law and,... Read more »
Q: We got pulled over and they found a half of a pill under my butt and they are charging both of us and its not my car
Can they charge me if it's not my car and I didn't know it was there is that right?
Yes, that is enough evidence to establish probable cause of a crime being committed. Whether it will be sufficient to prove the specific crime beyond a reasonable doubt is a separate question. I would recommend not making any statements to anyone but your lawyer. If you cannot afford one, you... Read more »
Q: 1 year ago I got a misdemeanor for marijuana. Is it possible to get it expunged? I have never had a record.
I'm 55 years old and can't get into an apartment.
North Dakota does not have an expungement process. However, if you received a deferred imposition of sentence and successfully completed probation your plea can be withdrawn, the case dismissed, and the file sealed.
Q: What does Tx mean in a plea deal
It most likely means treatment such as alcohol or drug treatment.
Q: I plead guilty to charges due to drug court acceptance and was never really accepted. What happens from here?
I was released and have just been informed that I was denied, but my judgement was release on the terms of drug court acceptance, which the states attorney did accept. My charges are intent to deliver and poss. of LSD in north dakota.
Ask your attorney whether you can withdraw your guilty plea if you were not accepted into drug court.
Q: Can I press charges against a 19 year old boy for having sex with my 14 year old daughter in north dakota?
I do not allow her to date and found out through her computer they had sex and was talking about having a baby. I have all messages saved and need to know what I can do
Report it to the police? Did that occur to you? That is just common sense to me. If you believe a crime has been committed, report it to the police and they will investigate it. Technically, it is the prosecutor who actually presses the charges.
Q: Looking for information concerning sentencing
Is there somewhere a person can look up a particular judge's rulings in order to try to ascertain how he might rule in a similar case? I have a loved one awaiting sentencing and we'd like to try to be a little prepared regarding what to expect, if possible. I realize that several factors are... Read more »
I guess the best thing to do is to talk with a local criminal defense attorney who has known the judge for many years.
Q: Can I file a restraining order against a man to whom I am not related? I live in Dickinson, ND.
I was recently assaulted by an individual visiting a neighbor. The woman doing the assaulting was arrested. The neighbor has continued to harass me and taken and destroyed property (he has been harassing me before the assault-I "rejected" him-he has tried to get my attention). I filed a restraining... Read more »
You have to see a local attorney for a complete discussion about this.
Q: Does a ND attorney have to appear in front of a judge to file a motion for a percentage bond?
Um, that is how it works, you hire an attorney for a case, and the attorney does what is necessary in representing you. That would include filing a motion for bond, if necessary, and setting a hearing.
Q: what should my son plead in his case which he is charged with drug paraphenalia?
He received his first ticket for this in Oct of 2014. He received another ticket for the same thing in April of 2015. He hadnt gone to court for the first one yet when he got the second ticket. He went to court on the first charge in May 2015 and received probation and was instructed to get a drug... Read more »
He needs to talk to the attorney who was appointed to represent him.
Q: I was questioned by police while getting gas then asked for licence and search for no reason? how is that legal?
a highway patrol stopped next to me at the gas station and began questioning me about the owner of the car and asked for my license..I said i didn't have it and then pursued to ask to search the car which was not in my name. where was the probable cause? I was practically bullied into consent.... Read more »
You say that there was no reason, but I will bet that the cop will say something totally different. Hire a criminal defense attorney if you were charged with a crime. The attorney will learn all the facts, not just your position, but the cop's position as well, and represent you accordingly. Anyone... Read more »
Q: why did I get questioned while getting gas without probable cause? I did nothing wrong.
Attorneys deal constantly with facts and the law. Without knowing the facts, we are at a strong disadvantage in attempting to answer any questions.
Q: If I got arrested for apc and refusal to take Breath test. Why am I being charged with a dui.? In north dakota
What is apc? People are charged with crime because probable cause exists.
Q: Is it possible for a non-government person (private citizen) to file criminal charges in federal court?
There is a woman in Los Angeles who has violated federal law, but the United States Attorney there has chosen not to prosecute her.
I have enough evidence to bring her to trial.
Can I myself file a criminal complaint against this woman on behalf of the people of the United States... Read more »
Criminal cases are brought be prosecutors. A local lawyer can confirm.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your... Read more »
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