North Dakota Questions & Answers by Practice Area


North Dakota Questions & Answers

Q: If a charge is sealed, verdict changed from guilty to not guilty and signed by judge. Can it be used for a 2nd offense?

1 Answer | Asked in Criminal Law for North Dakota on
Answered on Sep 18, 2018
Nicholas Nelson's answer
Your question is someone of a complicated one. Even when records go off the public record, the government can still access them. I would certainly argue that the "not guilty" charge should not count as the "first" charge, as you were "not guilty". Note - cases are highly fact dependent and I cannot give adequate legal advice without first discussing with you the particular details of your matter in their entirety. That being said, those are my initial thoughts. Good luck!

Q: Can I see my landlord for not accepting my Emotional Support Animal?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
you can sue, but that doesn't mean you'll win.

To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose

Q: who has legal custody of a child if there is no court order for custody of that child.

1 Answer | Asked in Child Custody for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
Legally, both parents still have custody (absent an agreement otherwise)

From a practical perspective, if one parent has physical custody, that parent will be making decisions

Q: My 11 yr old daughter has been telling me she doesn’t want to come to my place I have joint physical custody of her

1 Answer | Asked in Child Custody for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
There's the legal answer, and the practical answer.

Assuming her dad is supportive, I strongly recommend talking it through with your daughter and trying to get her to understand and come willingly. Forcing a child to come against her will might be more damaging to your relationship in the long run than giving her a bit more leeway now.

Do you really want the court to get involved?

Q: What steps could I take after receiving a minor in consumption of alcohol (MIC) at the age of 18 to get off my record?

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Sep 7, 2018
Lucas Wynne's answer
You seek a diversion, deferral, or dismissal.

Q: I got a dui in Watford City ND and I live in Oklahoma and I can’t afford to make it back to court in ND what do I do?

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Sep 7, 2018
Lucas Wynne's answer
Call and hire a defense lawyer in North Dakota rather than allow a warrant that can impact your employment and housing options go unhandled. Attorneys like myself handle this exact situation every day.

Q: In North Dakota, If a girl is younger than 15, and says she is 18, (and looks 18) can you be charged for GSI?

1 Answer | Asked in Sexual Harassment for North Dakota on
Answered on Sep 7, 2018
Lucas Wynne's answer
Yes, your best bet is to call a criminal defense lawyer like myself to discuss your options before you speak with anybody or post information about your case online.

Q: Father of my daughter won’t let me see my daughter unless “I get a lawyer” I know this is not true

1 Answer | Asked in Family Law for North Dakota on
Answered on Aug 31, 2018
Lucas Wynne's answer
If it is a court ordered parenting plan, then you need to get an attorney to hold him responsible. If it is not, then you need to bring him to court to get one.

Q: Can you get 2nd off intent to deliver meth N.D.C.C. 19-03.1-23(1)(a)(1) if 1st is for 1/8 pot does 19-03.1-22.2 pertain

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Dakota on
Answered on Aug 31, 2018
Lucas Wynne's answer
You are way over your head on this and need a defense attorney. No attorney can give you a real answer until they see the charging documents and evidence. Even if the charging documents made an error, the evidence could negate that error.

Q: Can a mother refuse a father from seeing his child? There is no court orders or anything. He is paying child support.

1 Answer | Asked in Child Custody for North Dakota on
Answered on Aug 31, 2018
Lucas Wynne's answer
No order = no established rights. Time to bring it to court.

Q: I have a Land Patent is that the same as a deed?

1 Answer | Asked in Real Estate Law for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
You do not have a land patent.

Land patents are the original grants from the government to the initial owner. All such grants were made over a hundred years ago. Any subsequent transfer would be by deed.

Q: I reported animal cruelty on my sons landlords now I'm being harassed threatened

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
Document every interaction, log the time, date, the person involved, and the nature of the incident. Also document every interaction with the police. Bonus points if you have any other evidence, such as phone records.

Once you have sufficient documentation, if the police are not willing to do anything, talk to the local states attorney.

Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
For starters, you should report the guns as stolen to the police.

If you have proof of any of what you said, seek help from an attorney to get full custody and a restraining order.

Q: I am a 19 year old female and my parents told me I have 7 days to move out. What are my rights?

1 Answer | Asked in Family Law for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
I'm sorry to hear about your situation. Unfortunately, any parental responsibility in North Dakota ended on your nineteenth birthday. They are no longer obligated to house you, feed you, or provide for you. If the care is in their name, then you no longer have a right to that either.

Please contact the Family Crisis Shelter in Williston, 421 34th street east. (701) 572-0757 and see if they can help arrange some shelter for you.

Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?

1 Answer | Asked in Criminal Law and Domestic Violence for North Dakota on
Answered on Aug 14, 2018
Lucas Wynne's answer
It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.

Q: I was sexually harassed at my job by the general manager I made the complaint to the owner of the company I was terminat

1 Answer | Asked in Sexual Harassment for North Dakota on
Answered on Aug 14, 2018
Lucas Wynne's answer
You should retain a lawyer to assist you. If your story occurred as-described, you likely have a claim. Attorneys like myself assist people who are wrongfully terminated for similar reasons.

Q: If parents were never married but the children has fathers last name who has legal custody

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
If the parents are unable to sort it out between the two of them, the matter would need to go before a judge. Without further information, it is impossible to determine the outcome of such a proceeding.

Q: Why is federal law supreme to state law in land matters?

1 Answer | Asked in Agricultural Law and Real Estate Law for North Dakota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land patent.

There are a lot of conspiracy theories and falsehoods surrounding land patents. A land patent is the original transfer of land from the government to the initial owner. Any patent that...

Q: How much to file Quit Claim Deed in ND?

1 Answer | Asked in Real Estate Law for North Dakota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
The cost to file a deed in ND varies, but is generally around $25.

The cost of having an attorney prepare a quit claim deed varies from one attorney to another, but should be a few hundred dollars.

Q: What should I do if I'm injured in a car accident and the other driver leaves the scene before I can get his/her info?

3 Answers | Asked in Personal Injury and Car Accidents for North Dakota on
Answered on Jul 18, 2018
Camille Brooks Ibrahim's answer
Hire an investigator or attorney in order to get the nearest surveillance video.

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