Court Proceedings in a North Dakota Criminal Case
What to expect in a North Dakota criminal case? How a Criminal Case Differs From a Civil Case Parties In a civil case, a civilian will often file a lawsuit against another person or business. These types of cases can occur because of car accidents, personal injuries because of slips and falls or other injuries caused by someone else's negligence, or even medical malpractice. In these types of cases, it’s the decision of the plaintiff to sue for damages because of their accident. These cases can also occur when there’s a dispute between two parties, usually involving money. In a criminal case, the government files a case against someone to punish them for breaking the law. If the defendant is found guilty of the crime the government is attempting to prosecute them for, they may face jail, prison, or fines. Proving a Case Civil cases also require a “burden of proof” which requires the plaintiff to show all the facts necessary to win their case. They must show this by a “preponderance of evidence,” meaning that they must be able to prove that the other person is in the wrong, or was acting with negligence, depending on the case. However,...
FAQ: What to Expect When You Get Arrested in North Dakota
If You Get Arrested, You Need to Know What To Do and What Not To Do Over 30,000 arrests are made annually in the state of North Dakota. Some people are caught breaching the law while others simply find themselves in the wrong place at the wrong time. In any case, getting arrested is a frightening event. Suspects are likely to feel uncertain about their safety and their futures. It can be comforting to remember that there is a legal process designed to protect the rights of all citizens. https://www.youtube.com/watch?v=FprRujxMNmU What happens in the first 24 hours after I'm arrested? When suspects are arrested, they are taken to the police station. From there, they will be booked, processed, fingerprinted, and photographed. A bail amount may be set by a judge. Depending on the severity of the case, the suspect can be sent in front of the judge for a bail hearing. A suspect could also be arraigned during a bail hearing. During arraignment, the prosecution explains the reasoning behind the arrest and presents the charges that are being filed against the suspect. Based on that presentation and other pertinent details such as criminal history, the judge can decide upon an...
Most Common Drug Defenses in North Dakota
What Legal Defenses are There for Drug Offenses? Whether you are facing prosecution for possession of a controlled substance or the intent to sell or distribute an illegal substance, you may have a number of potential legal defenses available to assert. Depending on the unique circumstances of your case, choosing the right drug defense in North Dakota can dramatically reduce the potential punishment that you are facing. When meeting with your attorney, here are some key defense strategies they may use. Entrapment Defense It happens more than you would think. You are offered drugs by someone you don’t know. And despite repeatedly refusing them, they continue to pester you. Eventually, you may just make them go away. But as soon as you agree, you find the cuffs slapped on your wrists. This is referred to as entrapment. And it is not something that police officers are allowed to do. When investigating drug crimes undercover, officers cannot aggressively pursue or persuade you to purchase drugs illegally. However, many will do it, especially if you are hanging around a common drug trafficking area. This is just one scenario. But entrapment can take many different forms. Malicious Intent Defense If you are arrested...
Domestic Violence Growing as Coronavirus Forces Victims to Stay at Home
COVID-19 Lockdown Has Unexpected Consequences for Domestic Violence Victims How common is domestic violence? Domestic violence is an umbrella term that encompasses child abuse, partner abuse, and elder abuse. However, the most common form of domestic abuse is partner abuse. This abuse does not always have to be physical, but can include economical, sexual, and emotional abuse. Domestic abuse is never something that slows down very much, but during the COVID-19 lockdowns and stay-at-home orders, domestic abuse rates are through the roof. Because domestic abuse can occur at home (between a parent and a child or between partners), rates are increasing as everyone is required to be at home constantly. For some victims, their only escape is a trip the mall or a random trip to the craft store. During coronavirus, that is not really possible. For victims, it can feel like there isn’t an escape from their abusers. Simultaneously, abusers are seemingly getting more irate and abusive due to the frustrations of being stuck at home. These situations are tough, and getting through it may seem impossible. However, even if you’re stuck at home with your abuser, there are still ways to get help. Why are domestic violence rates...
North Dakota Federal Charges
What are North Dakota Federal Charges? The United States Attorney’s Office for the District of North Dakota is responsible for prosecuting federal crimes throughout the state and for prosecuting all violent crimes occurring within the Fort Berthold Reservation, the Spirit Lake Reservation, and the Turtle Mountain Reservation. Federal criminal charges are generally much more serious than state charges, even when the alleged underlying offense is relatively similar. U.S. Attorney Chris Myers has stated: “It is no secret that the penalties in federal court for drug trafficking are much more severe than state court.” Prosecution of Federal Charges Federal prosecutors have vast investigative resources at their disposal and have a reputation for assembling evidence very thoroughly. Federal prosecutors are also much more likely to successfully extradite suspects across state and international lines. Notably, in just the past few years the U.S. Marshall’s Service has arrested over ten people in Jamaica and extradited them to North Dakota to face trial for a telemarketing fraud scheme. In addition to its extradition powers, the U.S. Attorney’s office directs a powerful combination of law enforcement agencies, including the Drug Enforcement Agency (DEA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as well as...
North Dakota Criminal Defense Lawyers Seek Lower Bonds for Defendants Across the State
Bail Reform Requested by North Dakota Criminal Defense Attorneys Bail is a court-imposed monetary fee used in criminal defense cases to release defendants from custody who are awaiting trial. The money is held until the end of the trial, at which time it returns to the defendant. Judges set the dollar amount for bail after considering the flight risk of the defendant, the accusations made against them, and the threat that the defendants pose to the community. In some cases, this means the court releases the accused on their own recognizance. In others, bail is thousands or even millions of dollars. North Dakota judges set their conditions for release by following North Dakota Supreme Court Rule 46. Bail Reform a Major Issue in North Dakota Bail reform is a hot topic all over the country. In many instances, defendants do not have sufficient money to pay for the bail set by the court. Some make bail by securing a loan from a bail bondsman with support from someone willing to cosign the bond. That individual, typically a family member or friend, agrees to pay the bond if the defendant fails to meet the release restrictions imposed by the court. A large percentage of...
What Are Your Miranda Rights?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” What are Miranda Rights? The Miranda Rights refer to the statement (the “Miranda warning”) that a police officer or other official is required to read to someone before they’re arrested. The statement is required, by law, of all arresting officials. Miranda Rights are a statement of protection against self-incrimination. They’re a reminder that you don’t have to say anything, as in, “you have the right to remain silent.” The Miranda Warning lays out the laws for the arrestee, and reminds them of their rights when it comes to speaking with the police. It protects the rights of the individual, as well as prevents the suspect from giving false confession. We’ve all seen cop shows, we hear these rights read over and over before arrests, but what do they actually mean, and what happens if your rights...
The Consequences of Misdemeanor and Felony Theft in North Dakota
Theft is by far one of the most common crimes committed and prosecuted in almost any modern society. Theft in North Dakota is no different. Acts of theft in North Dakota vary widely from small infractions, like shoplifting a candy bar, to violent acts of extortion. Naturally, the North Dakotans who commit theft vary just as widely. The court system in North Dakota, and the US as a whole, recognizes this difference and carefully judges each theft case individually in order to dispense the correct amount of penalty and discouragement. Small crimes are faced with appropriately small punishments, while larger thefts under extreme circumstances are dealt with much more harshly. The 4 Stages of Theft Classification Because there is so much variance between cases, North Dakota defines theft in four tiered categories called Classes but keeping them straight can be a little confusing. The lowest level, with the least punishment, is a Class B Misdemeanor while the highest level is a Class B Felony. Lined up, they look like this: Misdemeanor Theft: Class B Misdemeanor Theft: Class A Felony Theft: Class C Felony Theft: Class B The most important distinction to remember is the $500 rule. If what was stolen is...
North Dakota DUI Laws
Driving under the influence (DUI), also known as driving while impaired (DWI), carries significant penalties in North Dakota. A DUI conviction carries both criminal and administrative penalties. This means that you risk losing your driver’s license in addition to receiving a fine or being sentenced to jail time. Criminal Penalties of a DUI On the criminal side of things, DUI offenses range from a Class B misdemeanor to a Class C felony in North Dakota. The prosecution takes a number of factors into account, including the measured blood alcohol content (BAC), previous convictions for DUI, the presence of children in the vehicle, and any injuries caused by an accident. The penalties start at a $500 fine for a first offense with a BAC under .16 and can be as high as 20 years imprisonment if someone was killed. Department of Transportation Penalties Administratively, the state’s Department of Transportation (DOT) can suspend a person’s driver’s license. The DOT’s decision to suspend the driver’s license is completely independent from the criminal proceeding. Similar to the range of criminal penalties, license suspension ranges from 91 days for a first offense to multiple years of suspension for felony-level DUIs. Additionally, the driver may have...