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North Dakota Questions & Answers
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 for North Dakota on
Q: In what states can a suicidal person be involuntarily committed, and for how long?

I'm having an argument with my medical doctor cousin over whether involuntary commitment helps suicidal people in the long run.

Say a suicidal person is committed, and they are evaluated and counseled. Perfect awareness, mental acuity, calm and rational vs having some kind of... View More

Lucas Wynne
Lucas Wynne
answered on Aug 5, 2017

In North Dakota, 90 days initially. After that, a judge may issue an order for involuntary treatment for up to one year at a time. Treatment can be indefinite as long as the committed individual is given the right to periodic review and petition to discharge. Other rules apply. I am unsure how many... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Q: Can apartments make you get rid of a therapy dog that 2 of your dr's think you need and you have a medical papework?
Lucas Wynne
Lucas Wynne
answered on Jul 24, 2017

Believe it or not, I have run into this problem being faced by my clients quite frequently in the past. A letter from a medical doctor or therapist is all that is needed to classify the animal as an assistance animal. Landlords must agree to a reasonable accommodation request if the disability... View More

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: An officer cited my age (24) three times when issuing ticket, said it is why I got a "higher" offense". Is this legal?

He said my entire age group is "reckless", stated that he "could have knocked it down but because of" my age he decided not to, and then tried to tell me a story about "a girl your age" who recently died in a crash. I have a perfect driving record, with zero tickets, or warnings of any sort.

Lucas Wynne
Lucas Wynne
answered on Jul 24, 2017

The simple fix is to hire an attorney. My usual approach is to assess the situation to determine if a client has a high probability of successfully contesting the ticket or cutting a deal. Generally, contesting a traffic ticket is not a high dollar case and the cost of doing so is well worth the... View More

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,... View More

1 Answer | Asked in Collections for North Dakota on
Q: Can I take someone to court for owing me money and has refused to pay. I have all the proof for the money they owe me.
Lucas Wynne
Lucas Wynne
answered on Jul 6, 2017

Yes, go to small claims court.

1 Answer | Asked in Family Law and Immigration Law for North Dakota on
Q: I am an American citizen and I want to marry an Indian guy. We been know for an year. He is here on F1 status.

Ours is a homosexual relationship and I am student how does our marriage help him get a green card.?

Roger Carl Algase
Roger Carl Algase
answered on Jun 7, 2017

Same sex marriages are now recognized by USCIS for green card purposes. I have handled cases like this myself and have not had any problems with the immigration office. The best way to proceed would be to get married and file for the green card, just as with any other marriage relationship. All... View More

1 Answer | Asked in Copyright and Intellectual Property for North Dakota on
Q: Is reposting content copyright infringement?

I want to create a website that posts funny pictures from around the web. Obviously, I don't own this pictures. Is posting a link the the source enough to not be hit copyright infringement? Or if I claim that I don't own any of the photos? Would implementing a rating system be considered... View More

Will Blackton
Will Blackton
answered on May 25, 2017

Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.... View More

1 Answer | Asked in Energy, Oil and Gas for North Dakota on
Q: My wife inherited mineral rights along with her siblings to property owned by her parents.

We are opposed to any kind of mining - are we able to stop the others given that she co-owns the property?

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
answered on Apr 5, 2017

It depends on what title you have to the mineral rights. Based on what you've written, you are probably co-tenants of an undivided interest in oil, gas, and other minerals. Assuming this, then no, you cannot stop the siblings from leasing, selling, or using their part of the interest. Each... View 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... View 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 Probate for North Dakota on
Q: Does having a will instead of going through probate make a difference in your estate taxes?
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 10, 2017

short answer: no

(And don't believe the 'one trick ponies who try to scare people about probate!)

Longer answer, a will does not avoid 'going through probate'. But sometimes you WANT to

have your estate go through probate!

If "avoiding...
View More

1 Answer | Asked in Estate Planning, Civil Litigation, Collections and Probate for North Dakota on
Q: Dad died 15 months ago in ND and step mom died this month. no children together. Next of kin is? Her mom is alive but 90

They had no children together but married over 20 years. Step moms mother is alive but is 90 and lives in nursing home (possibly mentally incompetent) . She has no birth or legally adopted children and no will or trust. Who is her next of next of kin?. Since its going to probate could i contest and... View More

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
answered on Feb 6, 2017

Your question is missing some important information, feel free to contact me via email so I can better answer it. But generally, you should have some interest in your father's estate, though it sounds like there is not much in it. If so, then the "spousal share" may eat up all of... View More

1 Answer | Asked in Probate for North Dakota on
Q: My mom and dad owned farm land and my dad passed away August 4, 2015. During my dad's probate we had the land appraised.

The appraisal was completed September 9, 2016 and my mom passed away Sept. 15, 2016. Do I need the land appraised again for my mom's probate?

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
answered on Feb 6, 2017

The obligation of the personal representative of the estate is to determine the fair market value. There is no state requirement for an appraisal. I think that you can feel free to use the appraised value on September 9 to determine fair market value on September 15.

1 Answer | Asked in Personal Injury for North Dakota on
Q: After mediation fails on a personal injury claim, can I, the Plantiff refuse to settle and force it to court?

I was involved in a car wreck in no fault state, however, the car was totaled and I was left with a debilitating syndrome called CRPS/RSD. The insurance refuses to settle for any where near the limits and is basically only offering to pay lawyers fee and medical bills only, no pain and suffering.... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 2, 2017

You should contact a member of the Trial Lawyers Assn for the state where it happened, ideally in the county where it happened. You are in a complex case situation and need a free consult at least.

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 Consumer Law, Products Liability and Contracts for North Dakota on
Q: I sold a vehicle "as is"

I sold a vehicle "as is" and the title wasn't switched over. Now the buyer doesn't want it and wants to return it. Where do I stand as it being sold "as is".

Peter N. Munsing
Peter N. Munsing
answered on Aug 11, 2016

Assuming that he's not complaining of something you knew about but didn't tell him about --e.g. you knew it needed a new tranny but didn't tell him--then you should be OK. "As Is " protects seller from buyers remorse. It isn't a free pass to sit on

information you knew abouit.

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