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North Dakota Criminal Law Questions & Answers
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.

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"... Read more »

Lucas Wynne
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
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
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
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
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
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
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
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... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 20, 2017

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

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

Lucas Wynne
Lucas Wynne answered on Aug 24, 2017

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.

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for North Dakota on
Q: This guy has two friends and he borrowed his truck to one friend, can the other friend call that truck in stolen.

The truck my boyfriend was driving got pulled over for being reported stolen. But the owner did not make the stolen report. How do I get him out. Do I tell police the owner did not report his truck stolen. What happens

Lucas Wynne
Lucas Wynne answered on Aug 17, 2017

You do not speak with the police unless your goal is to give them information that would hurt your case. You pay the bail and your boyfriend challenges the charges.

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for North Dakota on
Q: Is it illegal for me to start an LLC with one other partner if I don't intend on participating in the business?

Hsjeif

Lucas Wynne
Lucas Wynne answered on Aug 11, 2017

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.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Dakota on
Q: I am in Jamestown ND How do i view police body cam and video taken?
Lucas Wynne
Lucas Wynne answered on Jul 24, 2017

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 »

1 Answer | Asked in Criminal Law for North Dakota on
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?

Brian Lehman
Brian Lehman answered on Mar 4, 2017

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 »

1 Answer | Asked in Criminal Law for North Dakota on
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.

Jackson John Lofgren
Jackson John Lofgren answered on Feb 14, 2017

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.

2 Answers | Asked in Criminal Law for North Dakota on
Q: What does Tx mean in a plea deal
Jackson John Lofgren
Jackson John Lofgren answered on Feb 14, 2017

It most likely means treatment such as alcohol or drug treatment.

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