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North Dakota Criminal Law Questions & Answers
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 anxious and not... 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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1 Answer | Asked in Criminal Law for North Dakota on
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.

Paul Stanko
Paul Stanko answered on Sep 18, 2016

Ask your attorney whether you can withdraw your guilty plea if you were not accepted into drug court.

1 Answer | Asked in Criminal Law for North Dakota on
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

Robert Jason De Groot
Robert Jason De Groot answered on Nov 1, 2015

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.

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

Robert Jason De Groot
Robert Jason De Groot answered on Oct 30, 2015

I guess the best thing to do is to talk with a local criminal defense attorney who has known the judge for many years.

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

Robert Jason De Groot
Robert Jason De Groot answered on Oct 11, 2015

You have to see a local attorney for a complete discussion about this.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Does a ND attorney have to appear in front of a judge to file a motion for a percentage bond?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 7, 2015

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.

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

Robert Jason De Groot
Robert Jason De Groot answered on Sep 19, 2015

He needs to talk to the attorney who was appointed to represent him.

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

Robert Jason De Groot
Robert Jason De Groot answered on Sep 8, 2015

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 »

1 Answer | Asked in Criminal Law for North Dakota on
Q: why did I get questioned while getting gas without probable cause? I did nothing wrong.
Robert Jason De Groot
Robert Jason De Groot answered on Sep 8, 2015

Attorneys deal constantly with facts and the law. Without knowing the facts, we are at a strong disadvantage in attempting to answer any questions.

1 Answer | Asked in Criminal Law for North Dakota on
Q: If I got arrested for apc and refusal to take Breath test. Why am I being charged with a dui.? In north dakota
Robert Jason De Groot
Robert Jason De Groot answered on Aug 31, 2015

What is apc? People are charged with crime because probable cause exists.

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

Adam Studnicki
Adam Studnicki answered on Aug 4, 2015

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...
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