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Fargo Third DUI Defense Lawyers

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If you receive a third DUI in North Dakota, you’re on the edge of spending a long time in prison. If you get a fourth, you’ll be facing felony charges. The stakes have never been higher, so you must take this seriously.

A Fargo DUI attorney with Sand Law is ready to protect your rights. Our law firm has extensive experience in this area of law, and we’ll do everything we can to try and reduce whatever penalties you face. We’ll also work to have your case dismissed entirely if possible. You can schedule a free consultation by calling 701-609-1510 or using our online contact form.

Driving Under the Influence of Drugs or Alcohol in North Dakota

DUI charges occur when a driver has a blood alcohol content level of .08% or more. However, many illegal drugs, such as cocaine, LSD, marijuana, heroin, and others, can also result in a DUI arrest.

How Long Does a DUI Stay on Your Record?

The state of North Dakota looks back seven years when establishing penalties for repeat offenders. If your second DUI were eight years ago, your penalties wouldn’t be as harsh as if that other DUI occurred seven or fewer years back. If you receive a fourth DUI, however, there is no so-called “look back” period that means you’ll more than likely face the harshest penalties possible.

Penalties After a Third DUI

Make no mistake, though. The penalties for a third DUI in North Dakota are severe, and the following sections will show you more.

License Revocation

The time you lose your license will depend on your BAC during your arrest. You’d lose it for two years if it were less than 18%, and if it was higher, then you’ll lose it for three years. You may also need an IID (ignition interlock device) placed on your vehicle before you can drive again.

Fees

The minimum fine for a third DUI is $2,000.

Jail Time

The standard jail sentence is four months or 120 days.

Other

You may be eligible for reduced jail time if you complete a 24/7 sobriety program and a substance abuse evaluation and go into a rehab program. Your attorney will be able to let you know whether you’ll be eligible.

Understanding Your Rights When You’ve Been Pulled Over

If you’re pulled over for driving under the influence (DUI), it’s essential to understand your rights. First, you have the right to remain silent and not incriminate yourself. You don’t have to answer questions beyond providing your name and driver’s license. You also have the right to refuse to take a field sobriety test or a preliminary breath test. However, you may be required to take a chemical test, such as a breathalyzer or blood test, and refusing this test may result in additional penalties.

Even more importantly, you have the right to legal representation. Also, you’re protected from any unreasonable search of your property or yourself and any unreasonable seizure of your property.

Steps to Take After a DUI Arrest

You should take several essential steps to protect yourself and your legal rights.

  • First, consult an experienced DUI lawyer who can advise you on your legal options and guide you through the legal process.
  • Second, you should gather any evidence that may help your case, such as witness statements, photographs, or video footage. This evidence can help build a defense against DUI charges.
  • Third, you should attend all court hearings and follow any instructions the court or your attorney gives. Failure to do so may result in additional penalties.

The Broader Implications of a Third DUI Conviction

A third DUI conviction carries more than just legal penalties. The personal and professional ramifications can be profound. Relationships may be strained due to the stigma associated with multiple DUIs. Professionally, individuals might face challenges in securing employment, especially if driving is a job requirement.

Future job prospects can also be limited, as many employers conduct background checks. Additionally, a third DUI can lead to increased insurance premiums and even challenges in securing housing. Recognizing these broader implications underscores the importance of seeking experienced legal representation.

How Can a DUI Defense Attorney Help You?

If officers violated your rights or committed an error during or after your arrest, the court could potentially dismiss your case. Someone could have spiked your drink, possibly invalidating the arrest. Your attorney will closely examine the circumstances and look for a way to help you avoid facing the potential of jail time and hefty fines.

Ways to Prevent a Fourth DUI

As you’ve already learned, driving under the influence (DUI) is a serious offense that can result in severe consequences, including fines, jail time, and your driver’s license suspension. Fortunately, there are steps you can take to prevent a DUI and ensure your safety and the safety of others on the road.

First and foremost, you should never drink and drive. If you plan on consuming alcohol, have a designated driver, use a ride-sharing service, or take public transportation. Alternatively, consider staying overnight at a nearby hotel or calling a taxi.

Of course, the best way to avoid another DUI is to commit to not drinking if you’re out. While making that commitment can be much easier said than done, it will definitely be worth the effort.

Embracing Support and Rehabilitation After a DUI Arrest

Beyond the legal ramifications of a DUI, it’s essential to address any underlying issues that might have contributed to the arrest. Whether it’s alcohol addiction, mental health challenges, or other factors, seeking support and rehabilitation can be a crucial step toward recovery.

In Fargo, there are various programs and support groups available to help individuals address these challenges. Engaging with these resources not only benefits the individual but can also be viewed favorably by the court, potentially leading to reduced penalties or alternative sentencing options.

The DUI Process in Fargo, North Dakota

Being arrested for a DUI can be an overwhelming experience. Understanding the process can provide some clarity. After an arrest, individuals are typically booked and may have their blood alcohol content tested. A court date is then set, during which the accused can plead guilty or not guilty.

If pleading not guilty, the case may go to trial, where evidence is presented and a verdict is determined. Throughout this process, having a knowledgeable attorney is crucial to ensure one’s rights are protected and to navigate the complexities of the legal system.

Contact Sand Law to Schedule a Free Case Evaluation

The Fargo DUI attorneys with Sand Law have extensive experience in DUI defense and can provide valuable assistance. We understand that facing DUI charges can be stressful and overwhelming, and we’re here to help guide you through the legal process and protect your legal rights.

We’ll provide legal counsel and advice throughout your case, helping you understand the charges against you, the potential consequences, and your legal options. We can also help you gather evidence and build a strong defense against the DUI charges.

Our firm can also represent you in court, advocating on your behalf and presenting your case to the judge or jury. We understand the nuances of DUI law, which can be complex and challenging to navigate without legal assistance.

We can also negotiate with prosecutors and work to mitigate the potential consequences of a DUI conviction. These services may include negotiating for reduced charges or penalties or exploring alternative sentencing options, such as community service or rehabilitation programs.

Ultimately, we aim to help you achieve the best possible outcome in your case and move forward with your life. We understand the impact a DUI conviction can have on your future, and we’re here to provide support and guidance every step of the way. Contact us online or call 701-609-1510 for a free case review.

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Fargo Criminal Misdemeanor Defense Lawyers

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A misdemeanor is a minor criminal charge that can lead to up to a year in prison, financial fines, community service, and license suspension. Criminal defense lawyers like those at Sand Law can help develop legal defense plans to clear someone’s name of a misdemeanor charge.

Common misdemeanors in Fargo include drunk driving, simple assault, trespassing, and indecent exposure. Fargo civilians can be charged with one of three classes of misdemeanors depending on the severity of the crime. The statute of limitations for misdemeanors is two years.

Residents and visitors of Fargo, one of North Dakota’s largest cities, can engage in unlawful behavior that can lead to misdemeanor charges. These are criminal charges that result from minor unlawful behavior, such as reckless driving, trespassing, shoplifting, and simple assault. Fargo has many cultural attractions that can have visitors who engage in unlawful behavior.

While these crimes are not as severe as something like murder, they can still expose others to physical, emotional, or financial harm. Perpetrators of these crimes may have to serve up to a year in prison. If you were charged with a misdemeanor in Fargo, the criminal defense lawyers at Sand Law can use their experience and expertise to help you defend yourself.

Why You Should Choose Sand Law for Help With Your Fargo Misdemeanor Defense Case

Sand Law’s criminal defense lawyers have been operating across North Dakota for years, helping those accused of crimes defend themselves. Our experienced trial attorneys have expertise in each step of the criminal defense process. They can help you collect evidence, craft a legal defense plan, handle court proceedings, and negotiate a fair plea agreement.

Our criminal defense attorneys have built the skills necessary to help with your case through years of developing legal counsel plans and going to trial. They have specific experience helping North Dakota citizens fight against claims of criminal behavior and can assist you in clearing your name of wrongdoing from a misdemeanor charge.

Those charged with misdemeanors in Fargo should seek legal representation immediately. Having trusted counsel in your corner from the beginning can help with the process and give you a voice to defend yourself from claims of wrongdoing. Contact Sand Law today for a free consultation to learn how we can help you clear your name of a misdemeanor charge.

Sand Law Misdemeanor Defense Case Results

The criminal defense lawyers at Sand Law have a proven process for earning results for our clients. Our six-step process involves learning about you and your case, understanding the details, strategizing a legal counsel plan, communicating with you through the process, executing the strategy, and resolving the case to give you peace of mind. This strategy has helped us clear the names of many clients charged with misdemeanors. If you want to challenge a misdemeanor charge, our experienced Fargo criminal defense lawyers can use their proven process to earn you the results we expect from our lawyers. They can use their vast experience, expertise, and resources to help you clear your name of any unlawful actions. The following are some Sand Law case results for misdemeanor charges:
  • State v. K.F.: Driving Under the Influence (Misdemeanor) – Acquittal by Jury
  • State v. M.G.: Possession of Controlled Substance (Misdemeanor) – Directed Verdict of Acquittal at Jury Trial
  • State v. B.B.: Reckless Driving (Misdemeanor – Class B) – Acquittal by Jury
  • State v. W.F.: Violation of Restraining Order x 2 (Misdemeanor) – Stay of Adjudication (Dismissal Upon Completing of Probation)
  • State v. S.H.: Domestic Assault (Misdemeanor) – Stay of Adjudication (Dismissal Upon Completing of Probation)

What is a Misdemeanor in Fargo?

There are two types of crimes that someone in Fargo can be charged with: a felony or a misdemeanor. A felony is a more severe charge for violent, sexual, and financial crimes, such as rape, murder, kidnapping, and burglary. This type of crime can lead to over a year of jail time and thousands of dollars in financial fines.

A misdemeanor is a less serious crime that can still expose others to physical, emotional, and financial harm. These criminal offenses can lead to less than a year of jail time and smaller financial penalties than felony crimes.

People in Fargo can be charged with a misdemeanor when there is probable cause that they committed a crime worthy of a misdemeanor charge. After a misdemeanor charge, the prosecutor has a burden of proof to establish you committed the crime for you to have to experience punishments like prison time, fines, community service, and license suspension.

Common Examples of Misdemeanors That Can Occur in North Dakota

As mentioned above, misdemeanor charges come from less severe crimes. It’s less likely for someone to receive a misdemeanor charge after causing wrongful death, significant physical harm, or severe financial impact. However, people who commit misdemeanor charges still break laws and expose themselves to legal liability. The following are some common examples of misdemeanors that can occur in North Dakota:
  • First-time drunk driving offenses
  • Driving on a suspended license or without insurance
  • Reckless driving
  • Trespassing
  • Simple assault
  • Shoplifting less valuable items
  • Indecent exposure
  • Drunk and disorderly conduct
  • Possession of certain controlled substances
  • Prostitution
After someone commits one of the above unlawful acts, law enforcement can investigate their connection to the crime and hand out a misdemeanor charge. Those charged with misdemeanors must develop a legal defense plan to help get themselves acquitted or have the misdemeanor charge dismissed.

The Three Classes of North Dakota Misdemeanors

Misdemeanors in North Dakota can break down into three separate classes. Each class depends on the severity of the crimes committed. They each result in different punishments, as a more severe misdemeanor that leads to a more serious charge can have more substantial penalties than a less severe crime. The following are the three classes of North Dakota misdemeanors:
  • Class A Misdemeanor: This is the most severe class of misdemeanor and can lead to up to one year of imprisonment. Some crimes that can lead to this type of misdemeanor charge include assault, vandalism, shoplifting, and resisting arrest.
  • Class B Misdemeanor: This charge is still serious but will have less potential for prison time. Those charged with class B misdemeanors can serve up to 180 days in prison time or will have to pay fines, do community service, or serve house arrest. Some examples of class B misdemeanors include indecent exposure, reckless driving, and trespassing.
  • Class C Misdemeanor: This is the most minor misdemeanor charge and can only lead to 30 days in prison. Those with clean criminal records can petition the court for probation rather than a prison sentence. Gambling, unpaid traffic tickets, public intoxication, and abandoning a child in a car can lead to a class C misdemeanor.

What is the Process for Handling a Misdemeanor in Fargo?

States have their own rules and processes for handling criminal cases. It’s important for people trying to clear their name of misdemeanors in Fargo to understand how North Dakota law enforcement, prosecutors, and judges will handle cases. They can use this information to understand how to craft a legal defense plan that can help them clear their name.

The following is the Fargo process for misdemeanor cases:

  • Criminal investigation from Fargo law enforcement
  • Law enforcement arrests or delivers a summons to the accused party
  • Parties gather evidence during the discovery process
  • Random jury selection occurs
  • Court proceedings commence
  • Negotiations for a plea agreement
  • The verdict is announced by the judge
  • Guilty parties are sentenced

A Fargo criminal defense lawyer can help explain the steps in this process and explain the best way to handle each step. They will have experience handling these steps in other cases and can advise on how to handle them to maximize your chances of success.

What Should You Do After Being Charged With a Misdemeanor in Fargo?

Following a misdemeanor charge in Fargo, there are certain steps that the accused should take. These steps can make the legal process much simpler, such as complying with local law enforcement. Certain steps can also help with developing a legal counsel plan to clear you of any wrongdoing.

The following are some things you should do after a misdemeanor charge in Fargo:

  • Invoke your Miranda Rights
  • Listen to and follow Fargo law enforcement
  • Do not speak to law enforcement about crucial details of your case without a criminal defense lawyer present
  • Hire a Fargo criminal defense attorney
  • Write down every detail of your Fargo misdemeanor case that you can remember
  • Do not talk about essential details of your misdemeanor case with friends and family
  • Avoid using social media to talk about your misdemeanor case
  • Pay financial penalties

Why Should You Hire a Fargo Misdemeanor Defense Lawyer?

Those charged with misdemeanors in Fargo should hire a criminal defense lawyer. They can help you with these steps involved in the legal process and can advise on the best way to handle these steps. After a misdemeanor charge, people must stay wary of mistakes that can affect their ability to clear their name.

An experienced legal defense attorney can be there every step of the process and help handle the process effectively and efficiently. They can explain the North Dakota laws that affect their case, collect evidence to clear their name, and represent them in court to prove to a jury that they did not commit the crime.

Contact Sand Law for Help With Your Fargo Misdemeanor Case

At Sand Law, our Fargo criminal defense lawyers have years of experience helping those charged with misdemeanors. We understand the effect a misdemeanor charge can have on someone’s life, as a charge on their record can make it more difficult to get a job.

Our criminal defense attorneys will use their significant experience with North Dakota cases to put you in the best position to succeed. They can communicate with you to develop a legal defense plan that caters to the specifics of your case.

If you were charged with a misdemeanor, you could contact Sand Law today for a free consultation and learn about our six-step process to clear your name. Contact us today for a free misdemeanor case evaluation at 701-394-5396 or on our online contact page.

Frequently Asked Questions About Fargo Misdemeanors

What Misdemeanor Penalties Can You Experience Besides Imprisonment and Fines?

Misdemeanor charges can lead to penalties that people understand can happen after criminal charges, such as less than a year of prison time and financial fines. However, they can also lead to other punishments based on the committed crime. Nonviolent criminals who cannot pay fines may be subject to hours of community service, such as cleaning up public locations.

Drivers who commit reckless behavior, such as distracted driving, speeding, and drunk driving, can have their license suspended. Those who commit drug or alcohol-related crimes may need to participate in treatment programs to help recover from addiction or co-dependence on drugs and alcohol.

Can You Be Held Liable for a Civil Case After a Misdemeanor Charge?

While misdemeanor charges have to do with legal wrongdoing, these incidents can cause victims to suffer economic and non-economic damages. Those who suffer damages from personal injury accidents can try to hold the at-fault party accountable for their negligence.

It’s unlikely for something like trespassing or indecent exposure to lead to a civil claim. However, perpetrators of car accidents and simple assaults can be held liable for damages caused by their reckless or negligent behavior. Sand Law also has experienced personal injury attorneys who can help you handle the process of civil claims.

What is the Statute of Limitations for a North Dakota Misdemeanor?

The statute of limitations for a criminal charge is how long criminal prosecution has to file a charge with the accused criminal. People can only be held liable for unlawful actions for so long, and criminal prosecutors must file a charge within that specific time period.

Each state has its own statute of limitations for different crimes, with the time period differing based on whether a misdemeanor or felony was committed. Violent crimes have a different statute of limitations than less severe crimes. In North Dakota, the statute of limitations for a misdemeanor is two years from the date of the unlawful behavior.

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Fargo Second DUI Defense Attorney

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In North Dakota, it’s not much of a stretch to say having a second DUI within seven years is a case of “two strikes and you’re out.” The penalties are incredibly harsh, and the long-term consequences can be even worse. Not only are you looking at the possibility of a lengthy jail term and a significant fine, but you might also eventually find it hard to keep your job – or even find another one.

That’s why fighting your charge will be so important. The attorneys with Sand Law will be ready to provide the most aggressive defense we can on your behalf. Our team will closely examine all the circumstances surrounding your arrest and work to reduce your potential penalties. We’ve sometimes even helped our clients by convincing the court to throw out their cases entirely.

We can’t promise this will happen in your case, but we will promise to fight for your rights. You can schedule a free case evaluation by contacting us online or calling 701-609-1510.

Driving Under the Influence of Alcohol or Drugs in Fargo, North Dakota

Anyone caught driving a vehicle with a BAC (blood alcohol content) level of .08% or higher will face a DUI charge. But impairment isn’t limited to driving under the influence of alcohol. There are several drugs that can lead to a DUI arrest as well, including the following:

  • Marijuana
  • Heroin
  • Cocaine
  • LSD
  • Methamphetamine
  • And many others

Understanding DUI Checkpoints in Fargo, North Dakota

DUI checkpoints, where law enforcement sets up stations to check drivers for impairment, can be a contentious issue. In Fargo, as in many places, these checkpoints are designed to deter drunk driving and catch offenders.

However, there are specific guidelines and rules that law enforcement must follow when conducting these checkpoints. If these rules aren’t adhered to, any arrests made at the checkpoint might be challenged in court. Being aware of your rights and the legality of these checkpoints can be crucial if you’re arrested at one.

How Long Does a DUI Stay on Your Record in North Dakota?

Like many states, North Dakota uses a “look back” period to assess DUI penalties. The state looks back at your previous seven years when determining what penalties you face.

Suppose this is your second DUI, and your first was five years ago. Since that second arrest is within seven years, your penalties will be more severe than if there had been 10 years between arrests.

You’ll lose your license for one year if you’re 20 years or younger and have two DUIs within five years. It’s also important to note that the BAC threshold for younger drivers is much lower, and those 20 or younger can face a DUI charge with only a .02% BAC level.

Court-Ordered Alcohol or Substance Evaluation After a Second DUI

Everyone charged with a DUI must undergo an alcohol or substance evaluation. They must then follow whatever recommendations result from the evaluation. This could mean you’ll have to enroll in a 24/7 sobriety program. You could also have to participate in random drug testing or an alcohol monitoring program. You might be able to reduce your potential jail sentence if you agree to participate in inpatient rehabilitation. Your attorney can tell you if this will be an option in your case.

License Restrictions, Suspensions, & Revocations From a Second DUI

If your BAC was less than .18% at the time of your arrest, you’ll face a one-year loss of your driver’s license. If it was .18% or higher, you’ll lose your license for two years. In addition, you may need to agree to allow authorities to install an ignition interlock device on your vehicle before you can get your license back. This device measures your BAC. If your level is too high, you won’t be able to start your car.

What are the Penalties for a Second DUI in Fargo, North Dakota?

North Dakota state law classifies a second DUI as a Class B misdemeanor, punishable by 10 days in jail and a fine of up to $1,500. Other penalties include having to participate in the 24/7 sobriety program for 360 days, the loss of driving privileges for one year, and also having to undergo an addiction evaluation.

Additional Penalties Related to DUIs

There are so-called “aggravating circumstances” that could elevate a second DUI from a misdemeanor to a felony.

For example, if someone is impaired and causes an accident that results in a severe injury, that’s a class C felony. The penalties include a 2-5 year jail sentence and up to a $10,000 fine. If the accident results in a death, that’s a class A felony, punishable by 10-20 years in prison and a maximum fine of $20,000. If a minor was in the vehicle at the time of the DUI offense, that’s also considered a class C felony.

The Broader Impacts of a Second DUI Conviction

Beyond the legal penalties, a second DUI conviction can have profound effects on one’s personal and professional life. Relationships might strain due to the stigma associated with multiple DUIs. Professionally, individuals might face job loss, especially if driving is a job requirement.

Future job prospects can also be limited, as many employers conduct background checks. Additionally, a second DUI can lead to increased insurance premiums and even challenges in securing housing. Understanding these broader consequences underscores the importance of seeking experienced legal representation.

Exploring Alternative Sentencing Options for Second DUI Offenders

While a second DUI carries severe penalties, some jurisdictions might offer alternative sentencing options. These can include alcohol education programs, community service, or even house arrest in lieu of jail time.

Additionally, some courts might consider rehabilitation programs as part of the sentencing, especially if the offender is struggling with alcohol addiction. Working with a knowledgeable attorney can help explore these alternatives, potentially leading to a more favorable outcome and a chance for the offender to address underlying issues.

Do You Have to Submit to a Breathalyzer or Chemical Test After Being Pulled Over for Suspected DUI?

North Dakota is an “implied consent” state, meaning you can’t refuse a breath or chemical test if pulled over for a DUI. If you have a driver’s license, in the eyes of the law, you’ve already consented to submit to a test. The penalty for refusal is a suspension of your license for two years.

What are Your Rights When Being Arrested?

It’s always important to realize you have rights as a U.S. citizen after being arrested for a second DUI. The most important is the right to remain silent. You don’t have to answer questions from a law enforcement officer without having an attorney by your side. You also have the right to be free from unreasonable search or seizure of your property or person.

Were Your Rights Violated Before or During Your Arrest?

There’s a chance the court could throw out your case if an officer violated your rights before, during, or after your arrest. There might not have been sufficient cause to pull you over, or the officer may have made mistakes when administering your field sobriety test. Someone could have mishandled the equipment used in your breathalyzer or blood test. There might not be enough evidence to convict you.

Should I Hire a Fargo Criminal Defense Lawyer for My DUI Charge?

Hiring a DUI defense lawyer as soon as possible will be your best chance of having your case dismissed. Officers may have violated your rights, or other extenuating circumstances could invalidate the arrest. A skilled attorney will determine the best strategy to dismiss your case or reduce your penalties.

Contact Sand Law to Speak with a DUI Defense Attorney

A Sand Law DUI defense attorney will do everything possible to help you achieve a positive result in your case. Schedule a free consultation by calling 701-609-1510 or using our online contact form.

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Fargo First DUI Defense Lawyers

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It’s terrifying to be arrested for a DUI – especially if this is your first time. That’s why you’re going to need the help of a Fargo DUI defense attorney with a deep understanding of North Dakota DUI laws as soon as possible. You’re looking at significant fines and a loss of your license, and you might even need to serve jail time.

Contacting a Sand Law attorney should be one of the first things you do after a DUI arrest. We’ll explain everything you can expect and fight to help clear your name entirely or reduce your penalties. Please call 701-609-1510 or contact us online as soon as possible for a free consultation.

Fargo & North Dakota DUI Statistics

There were 4,827 arrests for DUI in North Dakota in 2019. Even though that might not seem like a considerable number, our state is regularly among the highest in the nation in arrests per 100,000 population. In 2018, North Dakota had a DUI arrest rate of 678.4 per 100,000 people, and the U.S. average is only 300 per 100,000.

Analysis of DUI arrests shows that North Dakota ranks No. 2 in the U.S. for drunk driving arrests and is one of only three states that saw an increase in arrest numbers between 2010 and 2019. North Dakota has not only been in the top 10 since 2010 but was also No. 1 from 2012-2015. South Dakota took over the top spot starting in 2016 and has held it ever since.

Reasons DUI Cases are Thrown Out

There are several reasons why a DUI case may be thrown out. Some common reasons include the following:

  • Lack of probable cause for the initial traffic stop.
  • Improper administration of field sobriety tests.
  • Incorrect handling or maintenance of breathalyzer or blood-alcohol testing equipment.
  • Lack of evidence to support the charge.
  • Constitutional rights violations.

What Happens When You’re Pulled Over For Suspected Drunk Driving?

The following steps may occur when an officer pulls you over for suspicion of DUI:

  • The officer will explain the reason for the stop and ask for your driver’s license, registration, and proof of insurance.
  • They’ll then ask you to perform a series of field sobriety tests. They’ll ask you to stand on one leg or walk in a straight line. The purpose of these tests is to determine if you’re impaired.
  • If the officer suspects you’re under the influence, they may ask you to take a breathalyzer test to measure your blood alcohol content (BAC). Refusal to take the test could result in the automatic suspension of your driver’s license.
  • If the breathalyzer test shows that your BAC is above the legal limit, you’ll be arrested and taken to the police station.
  • An officer may ask you to take a blood test at the police station to confirm your BAC.
  • If the officer charges you for drunk driving, you’ll be booked. Once bail is set, you’ll be released after it’s paid.

What Rights Do You Have During and After Your Arrest?

The U.S. Constitution ensures your rights after an arrest. These rights include the following:

  • The right to remain silent – You have the right not to incriminate yourself and to not speak to the police without an attorney present. This means you don’t have to answer questions or make any statements to the police.
  • The right to an attorney – You have the right to have an attorney present during any questioning and your trial. If you cannot afford an attorney, one will be appointed to you by the court.
  • The right to be free from unreasonable search and seizure – You have the right to be free from unreasonable searches and seizures of your person, property, and belongings.

What are the Penalties for a First DUI in Fargo, North Dakota?

A first DUI in Fargo, North Dakota is a Class B misdemeanor. The potential punishments will depend on your BAC level. If it were below .16, you’d face a fine of $500, and if it were .16 or more, you’d have to serve two days in jail and pay a fine of $750.

You’ll lose your license as well. If your BAC were less than .18, you’d lose your driving privileges for 91 days. If it were .18 or higher, you’d lose it for 180 days. You’ll also have to participate in an addiction evaluation program.

How to Argue Wrongful Arrest

A skilled attorney will put together a detailed strategy to argue your case. Here are just a few of those potential strategies.

  • Rising blood alcohol defense – Your attorney may argue that your blood alcohol level was below the legal limit at the time of driving but had risen above the legal limit by the time of testing due to the natural metabolism of alcohol in your body.
  • Medications or a medical condition – Your attorney may argue that any symptoms of impairment observed by the officer occurred due to medications or a medical condition rather than alcohol or drugs.
  • Entrapment – Your attorney may argue that the police entrapped you into committing the crime. This means they induced you to commit a crime you otherwise would not have committed.

How Can a Fargo DUI Defense Attorney Help You?

An experienced DUI defense attorney will thoroughly review the evidence against you, including the police report, chemical test results, and video or audio recordings of the arrest. They can identify any weaknesses or inconsistencies in the prosecution’s case and use this information to build a strong defense on your behalf.

They’ll also investigate the arrest and the circumstances that led up to it. Your lawyer will look for evidence that could clear you, such as proof that someone spiked your drink.

Your DUI defense attorney will also represent you in court if your case goes to trial. They will cross-examine the prosecution’s witnesses, present evidence and testimony on your behalf, and make powerful closing arguments to the jury.

Contact Sand Law to Speak with a DUI Defense Attorney

Sand Law DUI defense attorneys have a great deal of experience helping clients charged with this crime. Whether this is your first arrest or your third or fourth, we’ll do everything we can to have your case dropped or your penalties reduced.

Use our online contact form for a free case review, or call 701-609-1510.

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Fargo Criminal Felony Defense Lawyers

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Fargo is one of North Dakota’s largest cities, known for its bustling and vibrant art community. Its cultural attractions have drawn people from around the United States to live there and visit to experience the city’s art centers, shopping locations, and eclectic food options. However, there can be situations where people suffer physical, sexual, and financial harm, leading to a felony. A felony is a serious crime that can result in over a year’s jail time and significant financial fines. Those charged with felonies have the right to defend themselves against charges they may not feel are accurate. The felony defense lawyers at Sand Law have experience that can help those charged with felonies develop a legal defense plan.

What is a Felony in Fargo?

Fargo residents and visitors can receive charges for two types of crimes: felonies and misdemeanors. A felony is a serious criminal charge that leads to a criminal suffering severe penalties. The word derives from English common law and describes criminal offenses that led to the accused losing their land and goods.

In North Dakota today, a felony normally involves an illegal act that exposes someone to harm. A majority of crimes that classify as felonies have to do with extreme violence, but they can also include sexual exploitation, theft, and fraud. People in Fargo indicted on felony charges have to serve years in prison and pay thousands of dollars in fines.

Common Examples of Felonies That Can Occur in North Dakota

Serious crimes that involve violence, sexual assault, theft, fraud, and malfeasance can all lead to felony charges in Fargo, North Dakota. Those charged with these felonies could be convicted of crimes and serve serious jail time for the physical, sexual, and financial harm they exposed someone else to.

The following are some crimes that can lead to felony charges in North Dakota:

  • Murder
  • Rape
  • Aggravated assault
  • Battery
  • Arson

What are the Different Classes of Felonies?

North Dakota divides felonies into classes depending on the severity of the crime committed. Each class has its own penalties for those charged with felonies. Those Fargo residents who commit serious crimes will get charged with a more severe class of felony that can lead to significant punishments.  The following are the different classes of penalties in Fargo, North Dakota:
  • Class AA Felony: This is the most serious class of felony and can lead to lifetime imprisonment without parole. Felonies that can lead to this charge include premeditated murder and the repeated sexual abuse of a minor.
  • Class A Felony: This is one step below Class AA, with serious crimes that can lead to significant harm to other civilians. The penalties include up to 20 years in prison and a $20,000 fine. Murder in the heat of the moment and human trafficking can lead to this charge.
  • Class B Felony: This type of felony can lead to physical, sexual, and financial harm but does not reach the severity of the charges above. It can include crimes like armed robbery, sexual imposition, and manslaughter. Those charged with this felony can serve up to 10 years in prison and also have to pay a $20,000 fine.
  • Class C Felony: This is the least serious felony charge, but crimes that classify here can still lead to tremendous harm. Crimes that classify as Class C include perjury, stealing a firearm, and homicide through negligence. Those charged can serve up to five years in prison and could have to pay up to $10,000 in fines.
The penalties for severe felonies in Fargo can cost someone decades of their life and tens of thousands of dollars. It’s vital to have a criminal defense lawyer in your corner who can explain the difference between these classes of felonies and how you can defend yourself from accusations of wrongdoing.

Why Choose Sand Law for Your Fargo Felony Defense Case

The criminal defense lawyers at Sand Law have decades of helping citizens of Fargo defend themselves from felony charges. Sand Law is a full-service litigation law firm that handles felony cases for those charged with serious crimes. We understand that many factors can go into a charge like this and will see it from your side to develop a legal strategy. Our felony defense lawyers have a proven six-step process for helping Fargo citizens charged with felonies: learn, understand, strategize, communicate, execute, and resolve. Our criminal defense lawyers will understand the incident from your perspective and consider your opinions to develop a legal strategy to help you get acquitted. Do not relent in seeking help with your felony charge in Fargo. Our team of felony defense attorneys is ready to provide personalized legal counsel to help you clear your name of a felony charge. Contact us today for a free consultation to learn how we can help you with your felony defense plan.

Sand Law Felony Defense Case Results

Sand Law’s proven process for helping Fargo citizens with felony charges has yielded tremendous results for our clients. Our in-depth and empathetic legal counsel strategies have helped our clients receive acquittals and dismissals for felony charges, allowing our clients to return to their normal lives without having to worry about imprisonment. The following are some Sand Law case results regarding clients charged with felonies:
  • State v. C.K.: Gross Sexual Imposition (Felony – Class A) – Acquittal by Jury
  • State v. J.B.: Domestic Assault (Felony – Class C) – Acquittal by Jury
  • State v. D.S.: Theft (Felony – Class C) – Case Dismissed
  • State v. M.J.: Possession of Controlled Substance (Felony – First Degree) – Case Dismissed
  • State v. D.C.: Criminal Damage to Property Felony – First Degree) – Dismissed
If you received a felony charge in Fargo, our felony defense lawyers can use the strategies we employed in the above cases to help you. Our felony defense lawyers vow to stand by you and defend your rights to help clear your name of wrongdoing.

Most Common Felony Charges Across North Dakota

Here’s a list of some of the crimes that can be charged as felonies that occurred most often in North Dakota in 2021:
  • Drug/narcotic violations – 6,451
  • Burglary – 2,899
  • Motor vehicle theft – 1,979
  • Aggravated assault – 1,321
  • Identity theft – 852
  • Credit/ATM card fraud – 315
As large as those numbers may seem, felony crimes actually aren’t nearly as prevalent in North Dakota as in the rest of the United States. In 2019, our state ranked No. 31 in terms of crimes per 100,000 population. While the US crime rate is 2,489/100,000, North Dakota’s was 2,262/100,000. The following is a quick comparison of the prevalence of certain crimes in North Dakota versus the rest of the US.
  • Burglary – There were an estimated 2,608 break-ins reported in our state in 2019. Of course, not all burglaries are felonies. Stealing a car valued at more than $1,000 falls into that category. The US rate of vehicle thefts was 341/per 100,000 population. North Dakota’s rate was slightly higher – 342/100,000.
  • Robbery – The robbery rate in North Dakota was much lower than in the rest of the country. Our rate of 23/100,000 (179 overall) was No. 42 in the US.
  • Murder – Only 24 murders occurred in North Dakota in 2019, a rate of 3.1/per 100,000 population – the 20th-lowest in the US.

How Does North Dakota Handle Felony Cases?

Each state has its own rules and processes involved in handling felony cases. North Dakota has its own process that all accused criminals, law enforcement, and prosecutors must follow. Those accused of crimes should know this process to anticipate certain steps and work toward establishing a legal defense plan with their Fargo criminal defense lawyer. The following is the North Dakota process for felony cases:
  • Law enforcement investigates the crime
  • They arrest or hand out a summons to the party suspected of the felony crime
  • The discovery process begins, and parties start gathering evidence
  • Random selection of jurors
  • Court proceedings begin
  • Plea agreement negotiation for the party accused of the felony
  • The judge announces the verdict
  • Someone found guilty of a felony crime is sentenced

What Should You Do After Being Charged With a Felony in Fargo?

As mentioned above, there is a process that law enforcement, criminal prosecutors, and the accused must follow for felonies in North Dakota. Those accused of felonies in Fargo also have steps that they must take after the felony charge. This includes how they communicate with law enforcement, hiring a lawyer, and building their legal counsel plan. The following are some steps an accused felon should follow for a Fargo, North Dakota case:
  • Invoke your Miranda Rights
  • Comply with Fargo law enforcement
  • Do not speak to Fargo law enforcement about essential details of your case without a criminal defense lawyer present
  • Hire to a Fargo criminal defense attorney
  • Write down the important details of your Fargo felony case
  • Do not talk about these critical details of your felony case with friends and family
  • Do not reveal details of your case on social media
  • Pay financial penalties

Should You Hire a Fargo Felony Defense Lawyer?

Those charged with felony crimes in Fargo should hire a criminal defense lawyer. Trying to handle your own legal defense can lead to mistakes that can affect your ability to clear your name. An experienced felony defense lawyer can use their vast expertise to develop a strategy for clearing your name of wrongdoing. They can assess the case details, interview witnesses, collect evidence, and properly handle court proceedings. A felony defense lawyer’s advantages can help establish your innocence to a jury and let you return to normal life without significant prison time and financial penalties.

Contact Sand Law for Help With Your Fargo Felony Case

At Sand Law, our criminal defense lawyers understand the impact of a felony charge on the accused. It can affect their public reputation and lead people to believe they are dangerous, violent, or greedy. However, not everyone charged with a felony committed the crime they are accused of.

Our felony defense attorneys can help Fargo civilians fight against these felony charges to clear their name of wrongdoing. Our lawyers will communicate constantly with you to help establish the facts of the case and what legal strategy can help put them in the best position to receive an acquittal or dismissal.

Those charged with felonies in Fargo, North Dakota, can contact us for a free consultation to learn about our attorneys and legal strategies that can help clear their names. Contact us today for a free felony case evaluation at 701-394-5396 or on our online contact page.

Frequently Asked Questions About Fargo Felonies

What is the Difference Between a Felony and a Misdemeanor?

A felony is a serious crime that can lead to someone serving years of prison time and spending thousands of dollars on financial penalties. However, it is not the only type of crime someone can be charged with in Fargo. They can also receive a criminal charge for committing a misdemeanor. This is a less serious crime that normally will require less than a year in prison if a resident is convicted. Those charged with misdemeanors will also have less severe financial fines because their crime does not reach the level of harm as a felony. The following are some crimes in Fargo classified as a misdemeanor:
  • A first-time drunk driving offense
  • Driving with a suspended license or without one
  • Reckless driving
  • Indecent exposure
  • Simple assault
  • Trespassing
  • Shoplifting items of a smaller value
  • Possession of controlled substances
  • Drunk and disorderly conduct
  • Prostitution

How Long Does a Fargo Felony Stay on Your Record?

In North Dakota, felonies generally stay on a person’s record indefinitely. There is no process for completely eliminating a felony crime charge from a person’s record. However, a 2019 North Dakota law allows those charged with felonies and misdemeanors to conceal their crimes. Those charged with felonies must wait five years after they serve a prison sentence or probation before they can petition a court to seal their charge. Those charged with violent crimes must wait ten years. Either way, the person trying to seal the charge must not commit any other criminal act in the intervening time. As long as they were on their best behavior after their crime, they can have the record of their felony sealed, so it’s not accessible by the public. This can help those charged with crimes earn employment because companies cannot access the record of their felony. Those charged with extremely violent or sexual crimes cannot have their felony concealed.

How Can You Restore Your Civil Rights After a Felony Charge?

Every civilian in North Dakota has civil rights that allow them to vote, hold public office, sit on a jury, and more. However, criminals charged with felonies lose these rights upon conviction. Felony criminals must serve their sentences to have their rights restored. Upon release from imprisonment, those convicted of felony crimes can vote, hold public office, and serve on a jury.
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West Fargo, ND Criminal Defense Lawyers

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West Fargo, in Cass County, is one of North Dakota’s largest cities and is known for its vibrant downtown atmosphere. Residents and visitors can head to the expanding metropolis’ downtown eating establishments, bars, and entertainment venues for a night of fun.

However, tragedy can strike and lead to someone being charged with a misdemeanor or felony. Those charged with a crime need a trusted attorney in their corner who can help with the multiple stages of litigation. Sand Law’s criminal defense lawyers have decades of experience helping West Fargo criminals receive acquittals through intelligent legal representation.

What Types of Crimes in West Fargo Can Result in a Criminal Charge?

Those living in West Fargo charged with misdemeanors or felonies will need to consider a criminal defense plan to avoid significant fines and imprisonment. Crimes are unlawful acts that can expose someone else to physical, financial, or sexual harm.

West Fargo crimes normally fall into a couple of different categories: white-collar, property, sexual, violent, or financial crimes. Each type of crime will require a different defense to allow someone to receive an acquittal and avoid significant fines and jail time.

The following are some crimes you could be charged with in West Fargo:

What is the Statute of Limitations for Crimes in West Fargo?

Criminals in West Fargo must consider the statute of limitations of their crimes. This is how long a North Dakota prosecuting attorney has to file a criminal charge before time runs out and the criminal can no longer be held liable.

This amount of time is important for those who possibly committed West Fargo crimes because it gives them a certain amount of time before they know the process will start. They can use this time to prepare a successful defense whether they committed the crime or not.

The following is some information about the statute of limitations in West Fargo:

  • Murder does not have a statute of limitations
  • The statute of limitations for a child’s crimes does not begin until they reach 15 years old
  • The statute of limitations for felony charges is three years
  • Child sexual abuse has a 21-year statute of limitations
  • Misdemeanors have a two-year statute of limitations
  • Theft, destruction of property, trespassing, breach of contract, and fraud have a six-year statute of limitations

Should You Hire a West Fargo Criminal Defense Lawyer?

After being charged with a West Fargo criminal charge, you must consider how to build a successful defense so you do not have to avoid penalties for misdemeanors and felonies. Hiring a criminal defense lawyer from West Fargo is essential to help build a legal defense plan that can help you get acquitted.

An experienced West Fargo criminal defense lawyer will have local and state knowledge that can help inform the claim process. They will also know how crimes are prosecuted and can use this expertise to help you build a legal defense plan that can prove your innocence.

Contact Sand Law for Help With Your West Fargo Criminal Defense Case

At Sand Law, our West Fargo criminal defense lawyers have a comprehensive understanding of crimes that can lead to a criminal charge. They know how court proceedings work in the state and can use their vast experience to help develop a legal defense plan that a public defender could not conceive. Contact us today at 701-394-5396 or on our online contact page.

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Lincoln, ND Criminal Defense Lawyers

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Lincoln is one of the smallest cities in North Dakota, with just over 4,000 residents. However, the small number of people living there does not mean there aren’t issues with crimes. Lincoln residents can commit violent, property, financial, and white-collar crimes that can lead to severe punishments.

Those accused of misdemeanor and felony crimes in Lincoln need a defense plan to prevent spending years in prison and having to pay thousands of dollars in fines. Sand Law’s criminal defense attorneys have decades of experience helping North Dakota civilians combat criminal charges to clear their names of wrongdoing.

What Wrongful Acts in Lincoln Can Lead to a Criminal Charge?

A criminal act is one in which you can expose other people to physical harm or financial hardship. People in Lincoln can commit crimes that they could be held liable for by law enforcement. They can experience penalties for misdemeanors and felonies in the form of financial fines and imprisonment.

The following are some crimes you could be charged with in Lincoln:

How Can You Clear Your Name of a Crime in Lincoln?

After getting arrested for a crime in Lincoln, your reputation can take a hit. Your picture and story may appear in the news or in local papers, meaning those living near you may view you as a criminal regardless of if you did it or not. You can also experience heavy punishment for your accused crimes, such as prison time or fines.

You can prove your innocence to avoid these punishments by collecting evidence proving you were not where the crime was committed, had nothing to do with the crime, or are being wrongfully framed. A prosecuting attorney must prove you committed the crime and intended to do so. You must collect evidence proving the opposite to clear your name.

Should You Hire a Lincoln Criminal Defense Lawyer?

Lincoln accused criminals should hire a criminal defense lawyer. They will know how crimes are prosecuted in Lincoln, what North Dakota laws can affect your case, and how to put you in the best position to clear your name.

Some ways an experienced Lincoln criminal defense attorney can help you include gathering evidence, interviewing witnesses, handling court proceedings, and negotiating a plea agreement.

Contact Sand Law for Help With Your Lincoln Criminal Defense Case

The Lincoln criminal defense lawyers at Sand Law understand how criminal charges are prosecuted in North Dakota. They can use their decades of experience in criminal defense to develop a successful legal counsel plan to help minimize the penalties for a misdemeanor or felony. Contact us for a free consultation today at 701-394-5396 or on our online contact page.

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Wahpeton, ND Criminal Defense Lawyers

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Wahpeton is a southeastern North Dakota city known for its outdoor attractions and rich cultural museums. People living or visiting Wahpeton must know the laws to avoid causing a crime that can lead to significant physical, sexual, or financial harm.

Some crimes that can occur in Wahpeton include murder, vehicular manslaughter, trespassing, drug possession, credit card fraud, etc. The criminal defense lawyers at Sand Law can help you develop a legal defense plan to get acquitted of a Wahpeton criminal charge.

Common Wahpeton Crimes That Could Lead to a Criminal Charge

People living in Wahpeton can commit crimes that can leave them contending with significant financial penalties and possible imprisonment. Wahpeton residents can commit two types of crimes: misdemeanors and felonies. A misdemeanor is a minor criminal charge, whereas a felony is a serious charge normally reserved for violent crimes.

The following are some crimes you could be charged with in Wahpeton:

What Should You Do After Being Charged With a Crime in Wahpeton?

Those accused of Wahpeton crimes must consider acting in a way that can help with their acquittal. This involves complying with law enforcement, paying any fines as soon as possible, and speaking to an attorney about the details of your case.

The following are some steps you should take after being charged with a crime in Wahpeton:

  • Invoke your Miranda Rights
  • Follow the orders of law enforcement
  • Do not speak about specific details of the case without a criminal defense attorney
  • Speak to a Wahpeton criminal defense attorney
  • Write down the essential details of your criminal case
  • Do not reveal details of the case with friends and family
  • Prevent using social media to talk about your criminal case
  • Pay financial penalties

Hiring a Wahpeton Criminal Defense Lawyer Can Help With Your Case

Wahpeton residents charged with crimes should hire a criminal defense lawyer. You could experience a lot of stress and confusion after a criminal charge, especially if you feel you did not do what you are accused of. A criminal defense lawyer can help shut out the noise and help you sort through the details of the accusation.

They can also help you craft a legal defense plan that can put you in a position to potentially get exonerated of the criminal charge. Other ways an experienced criminal defense attorney can help include collecting evidence, speaking to witnesses, handling court proceedings, and negotiating a plea agreement.

Contact Sand Law for Help With Your Wahpeton Criminal Defense Case

At Sand Law, our Wahpeton criminal defense lawyers have decades of experience helping those accused of violent, financial, and property crimes. They can use their experience in handling court proceedings and discovery to help you develop a successful legal counsel plan. Contact us for a free consultation today at 701-394-5396 or on our online contact page.

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Casselton, ND Criminal Defense Lawyers

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Located in Cass County, Cassleton is one of North Dakota’s smallest cities, with just over 2,000 residents. However, the small city can still be the scene of some serious crimes that can lead to residents and visitors being charged with misdemeanors and felonies.

Those charged with crimes in Casselton need criminal defense attorneys to help combat a charge for a crime they believe they did not commit. The criminal defense lawyers at Sand Law have decades of experience handling North Dakota criminal cases. They can use their expertise to help you develop a personalized legal counsel plan.

What is Considered a Crime in Casselton?

Crimes in North Dakota, such as cities like Casselton, refer to when someone breaks the law through violent acts, theft, trespassing, sexually deviant behavior, etc. There are two types of crimes in Casselton: misdemeanors and felonies.

A misdemeanor is a minor crime in Casselton that will only result in less than a year of imprisonment and small financial fines. This can include crimes like shoplifting, driving while under the influence (DUI), drug possession, and vandalism.

A felony is a more severe crime, leading to years in prison and thousands of dollars in fines. Some felonies someone can commit in Casselton includes physical assault, murder, rape, kidnapping, arson, and drug trafficking.

What Should You Do After Being Charged With a Crime in Casselton?

Following a criminal charge in Casselton, there are certain steps the accused must take. The legal process can be a long one, but they must handle it properly if they want a chance at clearing their name of committing the criminal acts.

The following are some steps you should take after being charged with a crime in Casselton:

  • Invoke your Miranda Rights
  • Listen to orders provided by Casselton law enforcement
  • Do not speak to Casselton law enforcement and reveal important details without speaking to a criminal defense lawyer first
  • Speak to a Casselton criminal defense attorney
  • Write down the critical details of your Casselton criminal case
  • Do not talk about crucial details of the case with friends and family
  • Avoid using social media to talk about your criminal case
  • Pay financial penalties

Why Should You Hire a Casselton Criminal Defense Lawyer?

Hiring a criminal defense lawyer after being charged with a crime in Casselton is essential. You likely do not have criminal defense experience and expertise, so you need someone in your corner who does and can help you in developing your defense plan.

A Casselton criminal defense lawyer can help you by collecting evidence, speaking to witnesses, handling court proceedings, and negotiating a plea agreement. Your best chance of clearing your name after a Casselton criminal charge is with the help of an experienced lawyer.

Contact Sand Law for Help With Your Casselton Criminal Defense Case

At Sand Law, our criminal defense lawyers can help Casselton residents defend themselves from criminal charges. They can use their expertise to help develop a legal defense plan that can assist with clearing their name of wrongdoing. Contact us for a free criminal case consultation today at 701-394-5396 or on our online contact page.

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Valley City, ND Criminal Defense Lawyers

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Valley City is a smaller city in Barnes County, North Dakota known for the Sheyenne River and Medicine Wheel Park. Those living and visiting Valley City can commit misdemeanor and felony crimes. These include driving while under the influence, sexual abuse, drug possession, trespassing, and murder.

If you were accused of a crime in Valley City, a criminal defense lawyer can help you combat the charge and clear your name in the court of law. The Valley City criminal defense lawyers at Sand Law have decades of criminal defense experience in North Dakota and can use their expertise to help you develop a successful legal counsel defense plan.

What is Considered a Crime in Valley City?

Residents of Valley City will need a criminal defense plan when they are accused of a misdemeanor or felony. A crime is any act that violates one of North Dakota’s laws. These acts ordinarily expose others to physical, financial, emotional, or sexual harm.

What penalties someone could see for a Valley City crime depends on what type of crime they commit. A misdemeanor is a minor crime that will require less than a year in jail, whereas a felony is a serious crime that could lead to multiple years in prison and thousands of dollars in financial fines.

What Should You Do After a Valley City Criminal Charge?

Following a misdemeanor or felony charge in Valley City, the police will likely take you to the station, and you could face jail time while awaiting a trial. During this time, there are many steps you should take to help with the process and many things you should avoid to prevent mistakes that can harm your case.

The following are some steps you should take after being charged with a crime in Valley City:

  • Invoke your Miranda Rights
  • Comply with orders provided by law enforcement
  • Do not speak to law enforcement about specific details of the case without a criminal defense attorney
  • Speak to a Valley City criminal defense attorney
  • Jot down the crucial details of your Valley City criminal case
  • Avoid talking about details of the case with friends and family
  • Do not use social media to talk about your criminal case
  • Pay financial penalties

How Can Hiring a Valley City Criminal Defense Lawyer Help With Your Case?

After getting arrested on criminal charges, you should hire a criminal defense lawyer. An experienced Valley City criminal defense attorney will understand North Dakota laws for criminal charges. They can use their significant experience to help you reduce penalties for your misdemeanor or felony.

They can help gather evidence, interview eyewitnesses or expert witnesses, handle the discovery process efficiently, take care of court proceedings, and negotiate a plea agreement. Your best chance for reducing your criminal punishment is with the help of a Valley City criminal defense lawyer.

Contact Sand Law for Help With Your Valley City Criminal Defense Case

The criminal defense lawyers at Sand Law will have your best interest in mind when developing strategies for clearing your name. They will keep in constant contact with you to develop a personalized legal counsel plan that can help you receive an acquittal for your criminal charge. Contact us for a free consultation today at 701-394-5396 or on our online contact page.

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Fargo, ND Criminal Defense Lawyers

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A lot of things are going through your mind if you’ve been arrested in North Dakota. Should you hire a public defender or a private defense attorney? What will happen if you’re found guilty? Will you be able to find a job or find a new place to live? These are questions that warrant hiring a Fargo criminal defense lawyer for your case.

It’s understandable if you’re scared – this can be an incredibly frightening situation. But the attorneys with Sand Law are ready to stand with you every step of the way. We have a deep understanding of how North Dakota criminal cases work, and we have relationships with several Fargo prosecutors. We know how they think, and we work with them regularly. Our attorneys will do everything we can to reduce your potential penalties or have your case completely dismissed.

Please get in touch with us as soon as possible for a free review of your case. You can contact us online or call 701-609-1510.

Types of Criminal Cases We Handle

If you’ve been charged with any of the following crimes, contact a Sand Law attorney to find out more about how we may be able to help.

Misdemeanors and Felonies

  • Misdemeanors and felonies – Even a misdemeanor can lead to a stiff penalty. Being convicted of a felony can change your life forever. In either case, you need the most effective defense possible.
  • DUI – Whether this is your first, second, third, fourth or subsequent DUI arrest, you’ll always be able to count on us to protect your rights. The stakes are too high to trust your defense to a law firm without the experience in DUI defense cases that Sand Law attorneys possess.
  • Drug offenses – Any drug charge, such as possession, distribution or manufacturing, can lead to years in jail and severe fines. You need an aggressive attorney to have the best chance of achieving the best possible outcome.

Violent Crimes

  • Violent crimes – We know the effective strategies that can help if you’re facing a charge of murder, manslaughter or any other kind of violent crime.
  • Assault – Our attorneys take all types of assault charges – including aggravated assault, domestic assault and others – very seriously.
  • Theft – From relatively minor shoplifting to theft and robbery charges, we have years of experience helping clients face potentially severe penalties.

Other Crimes

  • Juvenile offenses – We’ll do all we can to help a minor charged with a criminal offense avoid having their mistake affect them for the rest of their life.
  • White collar crimes – Financial crimes, such as fraud, money laundering and others, can result in lengthy prison terms and other penalties. They may not seem as severe as others on this list, but the punishments can be significant.
  • Federal crimes – A federal charge is even more severe than a state charge. Consequences can include decades in prison.

Sex Crimes

  • Sex offense – Rape, gross sexual imposition and other sex offense crimes can lead to long jail terms and stain a defendant’s reputation for life.
  • Child pornography – If you’re charged with the possession, distribution or creation of child pornography, there are several effective defenses we may be able to use on your behalf.

Penalties for Common Misdemeanors and Penalties in North Dakota

Two more common misdemeanors in North Dakota are first-time DUI and theft. With a first-time DUI offense, you could face a fine of $500 or two days in jail if your blood alcohol concentration (BAC) level was less than .16. If your BAC was higher than .16, you’ll face a $750 fine and two days in jail. If a minor was in your vehicle or you were in an accident that injured someone, the penalties will be far worse.

Theft of services or property with a value of between $250-$500 is a class A misdemeanor. If convicted, you could face up to a year in jail and a fine of as much as $2,000.

As you can see, just because you’re facing a misdemeanor charge doesn’t mean the penalties aren’t substantial. That’s why you need to contact a Sand Law attorney as quickly as possible.

Steps to Take If You’re Arrested

First of all, stay calm. Always remember that just because you’ve been arrested and charged doesn’t mean you’ll be convicted. There’s every chance you were arrested wrongfully, and your charges will eventually be dismissed.

You should also know that you don’t have to say anything other than provide your name and address and don’t provide any other information unless you have a criminal defense attorney or public defender. Speak with a Fargo criminal defense lawyer immediately to make 100% certain your rights are protected at all times.

What are My Rights?

The U.S. Constitution spells out a defendant’s rights. For example, the Fourth Amendment protects you from unreasonable search and seizure, while the Sixth Amendment provides you with the right to a lawyer. The Fifth Amendment protects you from self-incrimination. Defendants are innocent until proven guilty

How Can a Criminal Defense Attorney Help You?

A Sand Law criminal defense attorney will determine the most effective strategy and always work in your best interests. Here’s a quick look at some of the ways we can help.

How We’ll Build Your Defense

  • Analyzing the arresting officer’s conduct – If the officer violated your rights, there’s a chance we’ll be able to convince the court to suppress (throw out) whatever evidence they uncovered.
  • Determining the best strategy – We’ll investigate your case and recommend the strategy we think will be most effective. You could have acted in self-defense, or you may have a strong alibi. An unreliable witness may have made claims against you, or the prosecution’s evidence may be weak.
  • Being by your side at trial – If your case goes to court, we’ll be ready to provide a vigorous defense. We’ll cross-examine prosecution witnesses, object to any improper testimony or evidence, and provide the most compelling argument possible on your behalf.

Contact Sand Law if You’ve Been Arrested in Fargo, North Dakota

Learn more about how Sand Law may be able to help by using our online form or calling 701-609-1510 for a free case review. We’ll be with you through this trying time in your life.

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Jamestown, ND Criminal Defense Lawyers

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Jamestown, North Dakota is that state’s ninth-most populous city and is known for the buffalo that call it home. People who live in Jamestown must be wary of criminal activity, including violent crimes, sexual assault, reckless driving, theft, and white-collar crimes.

Residents of Jamestown charged with a crime can turn to a criminal defense lawyer to help them craft a legal defense plan. This can help them absolve their name of this crime. The criminal defense lawyers at Sand Law have decades of experience helping North Dakota citizens accused of crimes and can do the same for those in Jamestown.

What is the Difference Between a Felony and Misdemeanor in Jamestown?

There are two types of crimes someone could be accused of in Jamestown: a misdemeanor or a felony. A misdemeanor is a minor crime that will have a less severe penalty, such as less than a year in prison or small financial fines. Examples of crimes that are considered misdemeanors include shoplifting, theft, driving under the influence, public intoxication, and drug possession.

A felony is a much more severe crime that ordinarily involves someone suffering physical or sexual harm. These crimes have much more significant penalties, such as years in jail and thousands of dollars in fines. Some felonies that can occur in Jamestown include rape, murder, kidnapping, and other violent crimes.

How are Jamestown Criminal Cases Prosecuted?

Each state has its own process for handling criminal cases. Those accused of crimes in Jamestown will have to follow the process as laid out by North Dakota law. North Dakota crimes are prosecuted to prove two crucial elements: the crime itself and the perpetrator’s mental state.

The criminal prosecutor will use discovery and trial proceedings to establish that the accused committed the crime with intention. A criminal defense lawyer will use the same process to establish their client did not willfully commit the crime.

The following is the process for a Jamestown criminal prosecution:

  • Law enforcement investigation
  • A criminal is charged through arrest or summoning to court
  • The discovery process
  • A jury is selected
  • Court proceedings
  • Plea negotiations
  • Verdict
  • Sentencing for criminals found guilty

How Can Hiring a Jamestown Criminal Defense Lawyer Help With Your Case?

Following a Jamestown criminal charge, you should hire a criminal defense lawyer, even if you were charged with a minor crime or one you did not commit. A Jamestown criminal defense lawyer can use their vast experience to help you craft a successful defense plan.

They will understand what North Dakota laws can affect your case and how to exonerate you in court. An experienced Jamestown criminal defense lawyer can help collect evidence, interview witnesses, and handle court proceedings to assist you in receiving an acquittal.

Contact Sand Law for Help With Your Jamestown Criminal Defense Case

At Sand Law, our Jamestown criminal defense lawyers can use their vast experience, expertise, and resources to help you devise a legal defense plan. They can help you earn an acquittal for crimes, including reckless driving, public intoxication, trespassing, etc. Contact us today for a free consultation at 701-394-5396 or on our online contact page.

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Horace, ND Criminal Defense Lawyers

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Horace is a small suburb in the Fargo-Moorhead metropolitan area in Cass County, North Dakota. Located in Cass County, Horace ranks as the 15th-most populous city in North Dakota. Despite being one of the smallest cities in North Dakota, crimes can still be committed that can lead to severe injuries, emotional trauma, and financial hardship.

Those accused of crimes in Horace need the help of a criminal defense lawyer who can assist them with court proceedings. The criminal defense lawyers at Sand Law have decades of experience helping those accused of crimes in North Dakota. They can use their expertise to develop a legal strategy to help with your case.

What Crimes Can Be Committed in Horace?

Horace residents and visitors can commit crimes that can lead to them being charged or arrested. These can include violent, sexual, financial, property, and white-collar crimes that can affect another person’s physical health, emotional well-being, property, and financial standing.

The following are some crimes you could be charged with in Horace:

How are Crimes Prosecuted in Horace?

Horace crimes can include misdemeanors, which are minor crimes with smaller penalties, and felonies, which are serious crimes that result in years-long prison sentences and steep financial penalties. The severity of the crime will determine how law enforcement and the North Dakota court system prosecute it.

The following are some steps involved in the crime prosecution in Horace:

  • Law enforcement investigates the crime
  • The criminal believed guilty is arrested or summoned to court
  • The discovery process for gathering evidence takes place
  • Jurors are randomly selected
  • Court proceedings occur
  • The accused gets a chance to negotiate a plea agreement
  • The judge decides the verdict
  • A guilty party is sentenced to prison time

How Can a Horace Criminal Defense Lawyer Help With Your Case?

Those accused of crimes in Horace should hire a criminal defense lawyer. A lawyer will have a better understanding of criminal defense law than the accused. They can use their experience and expertise to develop a legal defense strategy to help the accused.

Even those just charged with a minor misdemeanor could benefit from the help of a criminal defense lawyer. They can serve as a trusted voice in their corner that can provide better legal counsel than a public defender assigned by the court.

Contact Sand Law for Help With Your Horace Criminal Defense Case

At Sand Law, our criminal defense lawyers have decades of experience helping those charged with crimes in places like Horace. They can use their North Dakota criminal defense expertise to help defend a defendant’s rights and help clear their name of wrongdoing. Contact us for a free criminal case evaluation today at 701-394-5396 or on our online contact page.

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Fargo Child Pornography Defense Lawyers​​

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Being arrested on a child pornography charge is serious and nothing to take lightly. The penalties for a conviction can be life-changing – it could mean the loss of your freedom and the inability to find a job or even a place to live.

If this has happened to you, contact a Sand Law attorney immediately. We’ll do everything we can to either have your charges reduced or dropped altogether. Contact us online or call 701-609-1510 for a free consultation.

You Are Innocent Until Proven Guilty​​

This is the most critical thing you should remember. Many people assume that when law enforcement and prosecutors pursue a case, it always means the accused is guilty. But that’s not the case at all. You’ll need an attorney who will fight as hard as possible to clear your name.

Offenses Under Child Pornography​​

The following is brief information on common child pornography offenses.

Possession

In North Dakota, a person is considered to be in possession of child pornography if they knowingly possess any visual depiction of a minor engaged in sexually explicit conduct. “Sexually explicit conduct” is defined as actual or simulated sexual intercourse, deviant sexual conduct, sexual contact, or lewd exhibition of the genitals.

Distribution

A person can be convicted of distributing child pornography if they knowingly sell, distribute, or transfer any visual depiction of a minor engaged in sexually explicit conduct to another person or if they publish or exhibit such a depiction in any way.

Creation & Manufacturing

Creating and manufacturing child pornography involves knowingly producing, directing or assisting in the production or direction of any visual depiction of a minor engaged in sexually explicit conduct.

Penalties for Child Pornography Offenses

Any conviction of an offense related to child pornography carries severe penalties. These include the following:

Possession

A person is guilty of a class C felony if, knowing of its character and content, that person knowingly possesses any motion picture, photograph, or other visual representation that includes sexual conduct by a minor. The penalties are a maximum of five years in prison and a fine of up to $10,000.

Distribution

The distribution of child pornography is considered a Class B felony, with a maximum sentence of 10 years in prison and a fine of up to $20,000. However, in some cases, the court will consider the distribution of pornography a Class A felony, which carries a maximum sentence of 20 years in prison and a fine of up to $20,000.

Creation & Manufacturing

The penalties for creating and manufacturing child pornography depend on the specific circumstances of the offense. Such as the age of the victim depicted and the number of images or videos involved. The defendant’s prior criminal record will also be taken into account.

The court generally considers this offense a Class A felony. There are instances where the charge increases to a Class AA felony. The maximum sentence is life in prison and a fine of as much as $20,000.

What are Your Rights After Arrest?

If you’ve been arrested for child pornography in North Dakota, you have certain legal rights protected by the U.S. Constitution and North Dakota state law. These rights include:

  • The right to remain silent: You have the right to remain silent and not incriminate yourself. Anything you say can be used against you in court. It is generally advisable to exercise this right and only provide information to law enforcement in the presence of an attorney.
  • The right to an attorney: You have the right to an attorney and to have them present during questioning. You should consult with an attorney as soon as possible after your arrest to understand your legal options and protect your rights.
  • The right to a fair and speedy trial: You have the right to a fair and speedy trial by an impartial jury.
  • The right against self-incrimination: You have the right against self-incrimination. This means that the prosecution must prove their case against you beyond a reasonable doubt. Also, you do not have to testify or present evidence against yourself.

What to Expect After an Arrest for Child Pornography

There are several things that you can expect to happen after an arrest, including the following:

  • Booking: You’ll be taken to the police station or jail for booking, where your personal information will be collected, and you’ll be photographed and fingerprinted.
  • Initial appearance: You’ll appear before a judge or magistrate for an initial appearance, usually within 24-48 hours of your arrest. The judge will inform you of your charges. They’ll also set bail and appoint an attorney if you can’t afford one.
  • Bail: If you’re eligible for bail, the judge will set a bail amount based on the seriousness of the charges, your criminal history, and other factors. If you can’t afford to pay the bail, you may be able to request a bail reduction or a bail bond.
  • Arraignment: At your arraignment, you’ll enter a plea to the charges against you. Arraignment is typically scheduled within a few weeks of your initial appearance. You may plead guilty, not guilty, or no contest.
  • Pretrial hearings: If you plead not guilty, pretrial hearings will be scheduled to address any pretrial motions. This may include motions to suppress evidence or dismiss the case.
  • Trial: If your case proceeds to trial, a jury will be selected, and the prosecution will present evidence to support the charges against you. Your defense attorney will cross-examine witnesses and present evidence in your defense.
  • Sentencing: If you’re found guilty or plead guilty, the judge will sentence you. Sentencing for child pornography offenses in North Dakota can include imprisonment, fines, probation, and sex offender registration.

Do You Need to Hire a Criminal Defense Attorney?

You not only need to hire a criminal defense attorney, but you also need to do so as fast as possible. A skilled criminal defense attorney can help protect your rights, provide legal advice, and guide you through the criminal justice system.

Hiring a criminal defense attorney is an important decision. It can significantly impact the outcome of your case. Choose an attorney experienced in defending clients against child pornography charges and who you feel comfortable hiring.

Contact Sand Law to Speak to an Experienced Criminal Defense Attorney

Contact Sand Law online or call 701-609-1510 as soon as you can for a free case review. We’ll listen to the details of your case and tell you how we may be able to help.

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Fargo Juvenile Offenses Defense Lawyers

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North Dakota, like all other states, has a separate juvenile justice system for dealing with minors who have committed crimes. This system is meant to rehabilitate rather than punish, and it aims to help minors become responsible and productive. But just because a child faces a criminal charge, that doesn’t mean they’re guilty. Children have rights just as anyone else.

Please get in touch with Sand Law if police have charged you or your child with a criminal offense. We’ll provide aggressive representation, investigate the arrest, and gather as much evidence as we can. Call 701-609-1510 or contact us online for a free consultation.

Common Juvenile Offenses in Fargo, North Dakota

Juvenile offenses in North Dakota are similar to those in other states, and they can range from minor offenses like curfew violations to serious crimes like murder. Some of the most common juvenile offenses in North Dakota include:

Penalties for Juvenile Offenses

The penalties for juvenile offenses in North Dakota vary depending on the severity of the crime and the age of the offender. Some common penalties include:

  • Counseling – Juveniles may be required to attend counseling sessions to address underlying issues that led to the offense.
  • Probation – Authorities could place a juvenile on probation, requiring them to meet with a probation officer regularly and follow certain rules and restrictions.
  • Community service – Juveniles may be required to perform community service as a way to give back to the community and make amends for their offense.
  • Fines – Young offenders may have to pay fines for their offenses, either directly or through their parents or guardians.
  • Detention – Authorities could send a young offender to a juvenile detention center for a period of time.
  • Restitution – Juveniles may have to pay restitution to the victim(s) of their offense, such as paying for damages or stolen property.

How is Juvenile Court Different from Adult Court?

Juvenile court differs from adult court in several ways. The main goal of juvenile court is to rehabilitate the offender rather than punish them. As such, the proceedings are less formal, and the focus is on finding ways to help the juvenile become a productive member of society. In contrast, adult court is more formal and punitive, with a focus on punishing the offender for their crimes.

Another difference between juvenile court and adult court is the way in which cases are handled. In juvenile court, cases are handled in a closed setting, with only those involved in the case allowed to attend the proceedings. In adult court, the proceedings are open to the public.

Criteria for Sending Children to Juvenile Detention Centers

Juvenile detention centers in North Dakota are meant to serve as a last resort for minors who have committed serious offenses or who are deemed to be a danger to themselves or others. The decision to send a child to a juvenile detention center is based on a variety of factors, including the severity of the offense, the age of the offender, and their criminal history.

Criteria for Trying a Child as an Adult

In some cases, a child may be tried as an adult if they have committed a particularly heinous offense or if they are deemed to be a danger to society. This decision is made on a case-by-case basis and is determined by a judge. In North Dakota, a child can be tried as an adult if they’re 14 years old or older and committed a serious offense such as murder, certain sexual offenses, manufacturing, delivering, or possessing certain types of drugs.

How Long Does a Juvenile Offense Stay on Your Record in North Dakota?

In North Dakota, juvenile records are sealed and can’t be accessed by the public except under certain circumstances. However, some juvenile offenses may remain on a person’s record even after they turn 18. For example, if a juvenile is charged with a Class A felony or a violent offense, the offense may remain on their record for a decade or longer. A Sand Law attorney can give you more information regarding how long your alleged offense may stay on your record.

Understanding the Long-Term Impact of a Juvenile Record

A juvenile record, even if sealed, can have lasting implications on a young individual’s life. It might affect college admissions, scholarship opportunities, and even future employment prospects. Additionally, the stigma associated with a juvenile record can strain personal relationships and self-esteem. It’s essential for families to understand these potential consequences and work proactively, possibly with legal assistance, to mitigate the long-term effects.

Crafting a Defense for Juvenile Offenses

If your child has been charged with a juvenile offense in North Dakota, it’s essential to seek the help of a seasoned defense lawyer. Your attorney can craft a defense strategy that will help you or your child receive the best possible outcome. Some common defense strategies for juvenile offenses include:

  • Challenging the evidence – If there isn’t enough evidence to support the charges, the lawyer may be able to get the charges dropped or reduced.
  • Negotiating a plea deal – In some cases, it may be in the best interest of the child to accept a plea deal that involves reduced charges or penalties.
  • Seeking alternative sentencing – Instead of sending the child to a juvenile detention center, the lawyer may be able to negotiate alternative sentencing, such as community service or counseling.
  • Focusing on rehabilitation – The lawyer may be able to show that the child is willing to take responsibility for their actions and is committed to making positive changes in their life.

The Crucial Role of Parents and Guardians in Juvenile Cases

Parents and guardians play a pivotal role in the juvenile justice process. Their involvement, support, and advocacy can significantly influence the outcome of a case.

From ensuring their child understands their rights to actively participating in rehabilitation efforts, the role of parents and guardians cannot be understated. Their collaboration with legal counsel, school authorities, and rehabilitation services can be instrumental in ensuring a positive outcome for the child.

Contact Sand Law to Speak with an Experienced Juvenile Defense Lawyer

If your child has been charged with a juvenile offense in North Dakota, please don’t hesitate to seek the help of a skilled defense attorney. At Sand Law, we have the experience and knowledge to fight for the best possible outcome for your child. We’ll be with you at all times, and we’ll also tell you what to expect through all phases of your case.

Contact us online to schedule a free case evaluation, or give us a call at 701-609-1510.

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Fargo Federal Crime Defense Lawyer

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You must realize the penalties are harsh if you’re facing federal charges. You might have to spend years in jail and pay hefty fines. You need a lawyer who will protect your rights and provide the most effective defense possible.

Sand Law attorneys will do just that. We’ll tell you what to expect through every step of your case. Our legal team will also be here to answer all of your questions. Please don’t hesitate to schedule a free consultation by contacting us online or calling 701-609-1510.

What is a Federal Crime?

A federal crime is a criminal offense that violates federal law. Several federal agencies investigate these crimes, such as the Federal Bureau of Investigation (FBI). Other agencies, such as the United States Department of Justice (DOJ), prosecute them. Federal crimes can range from white-collar crimes like embezzlement and fraud to violent crimes like murder and assault.

Terrorism

Terrorism is defined as the use of violence or intimidation in the pursuit of political aims. It is one of the most severe federal crimes and is investigated by the FBI and other federal agencies. Examples of terrorism include bombings, hijacking a mass transit vehicle such as an airplane, biological attacks, etc.

Counterintelligence

Counterintelligence crimes include espionage, sabotage, and other covert activities that may threaten national security. The FBI is responsible for investigating and prosecuting counterintelligence cases. Examples of counterintelligence activities include the theft of military secrets or sensitive government information by foreign agents or hackers.

Cybercrime

Cybercrime involves criminal activities carried out over the internet or other digital networks. Examples include computer hacking, identity theft, online fraud, and the distribution of malicious software. Penalties for these crimes can range from fines to lengthy prison sentences.

Corruption of the public

Corruption of the public involves bribery, embezzlement, and other forms of illegal activities. Prosecutors typically pursue these charges against elected officials. These activities can include the misuse of public funds or resources, the acceptance of bribes or kickbacks, and other forms of corruption that undermine the integrity of public institutions. The FBI and other federal agencies investigate and prosecute cases of public corruption.

Civil rights violations

Civil rights crimes involve violating an individual’s constitutional rights, including the rights to free speech, due process, and equal protection under the law. These crimes can include police brutality, hate crimes, and other forms of discrimination that violate federal law.

The FBI and other federal agencies investigate civil rights violations, and penalties for these crimes can include imprisonment and fines. Examples of civil rights violations include the murder of George Floyd by a police officer in Minneapolis and the violence in Charlottesville, VA, in 2017.

Violent crimes

Violent crimes involve using physical force or threats of violence against individuals or property. Examples include the following:

  • Assaulting a federal officer.
  • Domestic violence (if it involves crossing state lines).
  • Hiring someone to kill another.

Theft of specific items

Misuse of public funds can also fall under the category of a federal theft crime. Suppose a governmental entity tasks someone with the safekeeping of those funds. If that person deposits that money in their personal account or converts it into another currency and keeps it, those could be considered federal crimes.

Immigration crimes

Immigration crimes involve violations of federal immigration laws, such as entering the United States illegally or overstaying a visa. These crimes can also involve document fraud, human trafficking, and other offenses related to smuggling people across international borders. Penalties for these crimes can include imprisonment and deportation.

Examples of immigration crimes include:

  • The illegal crossing of the U.S.-Mexico border.
  • The exploitation of undocumented workers.
  • The smuggling of people across international borders.

White collar crimes

White collar crimes are nonviolent crimes that typically involve financial fraud. Examples include embezzlement, money laundering, securities fraud, and others.

What Organizations Handle Federal Crime Investigations?

The primary federal agencies responsible for investigating federal crimes are the FBI, the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Department of Homeland Security (DHS). These agencies have the authority to investigate a wide range of federal crimes and work closely with the DOJ to prosecute those who are charged with these offenses.

Penalties for Federal Crimes

The penalties for federal crimes can vary widely depending on the offense and the severity of the crime. Here are a few examples:

  • Terrorism: Life imprisonment or the death penalty and a fine of as much as $2 million.
  • Counterintelligence: Imprisonment of up to 10 years in prison.
  • Cybercrime: Up to 20 years in prison and fines of up to $250,000
  • Corruption of the public: Penalties vary greatly, including the potential for decades in prison and fines in the hundreds of thousands of dollars.
  • Civil rights violations: Up to life imprisonment, depending on the circumstances of the crime.

What’s the Difference Between a State and Federal Crime?

The main difference is how they’re investigated and prosecuted. Federal agents investigate federal crimes. U.S. Attorneys prosecute them. You’ll appear in federal court if you’re charged with a federal crime. If convicted, you’ll go to federal prison.

State or city attorneys prosecute state crimes, and various agencies investigate them. These can include police officers, county sheriffs, and others. You’ll go to state prison if convicted.

Understanding the Collateral Consequences of a Federal Conviction

Beyond the immediate legal penalties, a federal conviction can have lasting implications. These collateral consequences can include loss of voting rights, difficulty in securing employment or housing, loss of professional licenses, and potential immigration consequences for non-citizens.

Recognizing these broader implications is crucial for those facing federal charges, as they can significantly impact one’s life long after serving any sentence. It underscores the importance of seeking experienced legal representation to mitigate potential consequences.

Working with a Federal Crime Defense Attorney

If you’re facing federal criminal charges, it’s essential you work with an experienced federal criminal defense attorney. A skilled lawyer can provide guidance and support throughout the legal process, helping you understand your rights and options and building a solid defense on your behalf. They can also work to negotiate with prosecutors, potentially reducing the severity of the charges or the penalties you face.

When choosing a lawyer, it is crucial to look for someone with extensive experience in federal criminal law and a track record of success in defending clients against federal charges. You should also look for someone familiar with the specific federal agency or agencies involved in your case and the federal court system.

Sand Law attorneys have that experience, and we’re ready to go to work on your defense. Call 701-609-1510 or use our online contact form for a free case review.

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Fargo White Collar Crimes Defense Lawyers

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If you’re facing a charge for a white-collar crime, you might not think the potential penalties will be too harsh. After all, it’s not like officers arrested you for a DUI or murdering someone. But you could be looking at years in jail and thousands of dollars in fines.

You could opt for a public defender to represent you, but the attorneys with Sand Law urge you to contact us before you decide. We have years of experience representing people charged with offenses similar to yours. We’ll never make any promises, but we can guarantee we’ll do all we can to help reduce your charges or get your case thrown out.

Call 701-609-1510 or use our online contact form for a free case review to learn more.

What’s Considered a White Collar Crime?

White-collar crime is a non-violent, financially motivated offense committed by individuals, typically professionals or business people, who abuse their positions of trust and access to resources for personal gain. They typically commit these crimes within the context of a business or government setting through the manipulation of financial transactions or the exploitation of confidential information.

Unlike traditional street crime, often associated with violence and physical harm, white-collar crimes tend to be more subtle and challenging to detect. They may involve complex financial transactions and sophisticated schemes to conceal illegal activity. As a result, these crimes are often investigated by specialized law enforcement agencies and require extensive resources to uncover and prosecute.

Types of White Collar Crimes Sand Law Handles

The attorneys with our law firm have extensive experience representing clients involved in white-collar crime cases. Some of the types of cases we handle include the following:

  • Embezzlement – This involves the theft of money or property by someone entrusted to manage it. Cases will often involve embezzlement from businesses, non-profit organizations, and government agencies.
  • Fraud – Fraud involves deceiving someone for personal gain. Examples include banks, wire, healthcare, and more.
  • Money laundering – This crime involves disguising the proceeds of criminal activity as legitimate funds. Money laundering cases are often related to drug trafficking, bribery, and other illegal activity.

We know how to deal with the complexities involved with these cases, and we’re also committed to providing our clients with aggressive representation and skilled legal counsel. If you choose Sand Law, we’ll work closely with you to develop effective strategies to defend against the charges you face and to achieve the best possible outcome.

White Collar Crimes in North Dakota

North Dakota law typically treats white-collar crimes as felonies. The degree of punishment usually depends on the “value,” so to speak, of the crime. For example, if you’re charged with embezzlement of more than $1,000, you’ll likely face Class C felony penalties. These penalties include a jail term of up to five years and a fine of as much as $5,000. If the amount is $10,000 or more, that’s a Class B felony punishable by up to 10 years in prison and a $20,000 fine.

There are some instances where the law considers white-collar crimes as misdemeanors. If, for instance, authorities charge you with embezzlement or fraud of up to $500, that could still result in a year in jail and a fine of up to $2,000.

Penalties for Committing a White Collar Crime in Fargo, North Dakota

The penalties for committing a white-collar crime can be severe, depending on the nature and severity of the offense.

For example, people convicted of embezzlement in North Dakota can face fines of up to $10,000 and up to 10 years in prison. Securities fraud can result in fines of up to $5 million and up to 25 years in prison. Money laundering can result in fines of up to $500,000 and up to 20 years in prison.

In addition to criminal penalties, anyone convicted of white-collar crimes may be subject to civil penalties, such as forfeiture of assets and losing professional licenses.

As you can see, the penalties for white-collar crime in North Dakota can have long-lasting consequences. As such, you’ll need to contact an experienced criminal defense attorney who can provide skilled legal counsel and aggressive representation to help minimize the impact of these charges.

The Broader Implications of a White-Collar Crime Conviction

While white-collar crimes are non-violent, the repercussions of a conviction can be profound. Beyond legal penalties, individuals might face strained personal relationships due to the stigma associated with such convictions.

Professionally, career advancement can be hindered, and future job prospects might be limited, especially in sectors that require financial trustworthiness. Additionally, a conviction can lead to challenges in securing business partnerships or even personal loans. Recognizing these broader implications underscores the importance of a robust legal defense.

Legal Defense Against White Collar Crimes

White-collar crimes are complex cases that often require a solid legal defense to achieve the best possible outcome. Some common legal defenses include the following:

  • Lack of intent – In many white-collar crime cases, the prosecution must prove that the defendant acted with intent to commit the crime. This could be a strong defense if the defendant did not intend to commit the crime.
  • Entrapment – Entrapment occurs when law enforcement officials induce an individual to commit a crime that they would not have otherwise committed. A defendant will have an excellent chance of winning their case if they can prove that the arresting offer entrapped them.
  • Duress – Duress occurs when someone forces another person to commit a crime under threat of harm or injury. If a defendant can prove that they committed the crime under duress, this can be a successful defense.
  • Insufficient evidence – If the prosecution doesn’t have enough evidence to prove that the defendant committed the crime beyond a reasonable doubt, this can be a strong defense.
  • Constitutional violations – If law enforcement officials violate your constitutional rights during the investigation or arrest, this can be a successful defense.

The Intricacies of White-Collar Crime Investigations

White-collar crime investigations are often intricate, involving multiple agencies and extensive scrutiny of financial records. Authorities might employ forensic accountants, IT specialists, and other experts to trace irregularities and build a case.

Understanding the depth and breadth of these investigations can help individuals prepare for what’s ahead. It’s also crucial to ensure one’s rights are protected during such investigations, as there’s potential for overreach or violations of privacy.

The Role of Restitution in White-Collar Crime Cases

In many white-collar crime cases, the court may order the offender to pay restitution to the victims. This is a monetary compensation meant to cover the losses incurred due to the crime. Restitution can be a way for offenders to make amends and take responsibility for their actions.

It’s essential for individuals facing white-collar crime charges to understand the potential for restitution, how it might impact their financial situation and the overall resolution of their case.

Hire a Criminal Defense Attorney as Soon as Possible

You’ll need to hire a criminal defense attorney as soon as possible. A skilled attorney can help you navigate the legal process and build a strong defense strategy to achieve the best possible outcome for your case.

Protecting your rights is one of the most critical reasons to hire an attorney early. An experienced lawyer can help you understand your legal rights and work to ensure that they’re upheld throughout the investigation and trial process.

Hiring an attorney can also help to mitigate any potential damage caused by the charges. They can negotiate with the prosecution to reduce or dismiss charges and work to minimize the impact on your professional and personal life.

Contact Sand Law Today to Schedule a Free Case Evaluation

Learn more about how Sand Law may be able to help by contacting us online or calling 701-609-1510.

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Fargo Felony DUI Defense Lawyers

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You might think that getting a fourth or subsequent DUI isn’t that big of a deal, but it is. If convicted, you’ll face felony punishments, steep fines, the loss of your license for at least three years, and more. You must find the best defense attorney possible. Your future could depend on the quality of the lawyer you choose.

Sand Law attorneys will fight to protect your rights at every turn. We’ll thoroughly investigate your arrest to look for any errors. Even a seemingly minor mistake could result in the dismissal of your case. While we won’t make any promises, we will do everything possible to help you achieve the best possible result. Call 701-609-1510 or contact us online to schedule a free review of your case.

Penalties for a Felony DUI

If you’re convicted of a fourth or subsequent DUI in North Dakota within 15 years of your third, that’s considered a class C felony. The penalties are as follows:

  • At least a $2,000 fine.
  • A prison term of a year plus one day.
  • At least two years of probation.
  • Mandatory participation in an addiction program.

Cumulative Consequences of Multiple DUI Convictions

While a single DUI conviction carries its own set of challenges, multiple convictions can have a compounding effect on one’s life. Beyond the legal penalties, having multiple DUIs on one’s record can lead to heightened scrutiny from law enforcement, increased insurance premiums, and potential challenges in securing employment or housing.

It’s essential to understand the broader implications of multiple DUI convictions and the importance of seeking experienced legal representation to navigate these challenges.

Will My License be Taken Away for Good?

The time you lose your license will depend on the amount of alcohol in your blood during your arrest. If it was .08% or more, and you’ve previously been convicted of DUI three or more times, you’ll lose your license for two years. If your alcohol level was .16% or higher, you’ll lose it for three years.

You could reduce your suspension through an administrative hearing. But you only have 10 days after your arrest to ask for a hearing. You must hire an attorney as soon as possible. Even if the hearing goes against you, your lawyer could file an appeal to give you a second chance.

Understanding Wrongful Arrest

It’s essential you know that just because police arrested you for DUI, that doesn’t automatically mean you’re guilty. The arrest could be wrongful. Police can only pull you over if you break the law. For example, you ran a stop sign or a red light or drove too fast. Police can also pull you over for weaving in and out of traffic.

There’s a chance you weren’t doing any of that. If that proves to be true, then the police arrested you illegally. The court could throw out your case as a result.

Knowing Your Rights

You still have rights even if the arrest was legitimate. Here are just a few.

  • You don’t have to say anything to the police. All you need to tell them is your license number and name.
  • You don’t have to take a breathalyzer or field sobriety test.
  • You have the right to have a lawyer present when police question you after the arrest.
  • Law enforcement can’t perform an unreasonable search of your person or your property.
  • You’re also protected from any unreasonable property seizure.

A Step-by-Step Guide to the DUI Process in Fargo

Being arrested for a DUI can be an overwhelming experience. Understanding the process can provide some clarity. After an arrest, individuals are typically booked and may have their blood alcohol content tested. A court date is then set, during which the accused can plead guilty or not guilty.

If pleading not guilty, the case may go to trial, where evidence is presented and a verdict is determined. Throughout this process, having a knowledgeable attorney is crucial to ensure one’s rights are protected and to navigate the complexities of the legal system.

How Can a Defense Attorney Defend You Against a Felony DUI?

An attorney can investigate your arrest and anything that happened afterward. If they find a violation of your rights, they could request the court to drop your case. There could be other circumstances that invalidate the arrest. For example, someone at the bar could have slipped something into your drink.

Having Charges Dropped or Downgraded to a Misdemeanor

Your lawyer will work hard to try to have your arrest thrown out or your penalties reduced. For example, your lawyer could plea bargain with the prosecutor and have your charge dropped from a felony DUI to a misdemeanor. Here are a couple of ways this could happen.

For example, the breathalyzer test could have been faulty. Breathalyzers are notorious for providing inaccurate results. Not only are they often wrong, they often produce false positives. Someone could register a positive test even if they haven’t touched an alcoholic drink. Breathalyzers can also say someone is drunk after taking medicine or eating something.

There’s also a possibility your lawyer could call the results of your field sobriety test into question. Field sobriety tests are just as inaccurate as breathalyzers. This is an outdated method of determining whether or not someone is drunk. If the prosecutor bases their case on a field sobriety test, there’s an excellent chance the court will dismiss that case.

Reducing Sentencing, Fines, and Other Penalties

If your attorney can find flaws in the prosecution’s case, those flaws might not be enough for the court to drop your case. But your lawyer could still have your potential penalties reduced. Your attorney could, for example, ask that the prosecutor reduce your charge from a felony DUI to misdemeanor reckless driving.

This will take a great deal of skill, however. You’ll need an attorney with great experience in cases like yours. Your lawyer will need to know how to investigate to uncover any errors law enforcement officers may have made.

Classes, Community Service, and Other Alternative Sentencing Options

A skilled attorney can convince the prosecution to pursue options besides the maximum jail sentence. If convicted, you’ll have to spend a minimum of a year and a day in jail. That’s the mandatory sentence. But you could face as much as five years in prison.

Your legal representative may suggest an evaluation for a substance abuse program or alcohol rehab instead of the harsher jail term. But your attorney will need to have established a strong relationship with prosecutors that they’ll be amenable to reducing your jail time.

Embracing Support and Rehabilitation After a DUI Arrest

Beyond the legal ramifications of a DUI, it’s essential to address any underlying issues that might have contributed to the arrest. Whether it’s alcohol addiction, mental health challenges, or other factors, seeking support and rehabilitation can be a crucial step toward recovery.

In Fargo, there are various programs and support groups available to help individuals address these challenges. Engaging with these resources not only benefits the individual but can also be viewed favorably by the court, potentially leading to reduced penalties or alternative sentencing options.

Contact a Fargo Felony DUI Defense Attorney Today

The attorneys with Sand Law have those relationships and years of experience representing clients charged with DUI. If you thought the stakes were high regarding your previous convictions, now they’re even higher. You’ll need the best legal representation possible to help you avoid a lengthy prison sentence.

Learn more about Sand Law by contacting us online or calling 701-609-1510 for a free consultation.

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Fargo Violent Crime Defense Lawyers

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Being arrested for any kind of crime – especially a violent crime – can be terrifying, and it can also be confusing. You might not know where to turn, and you don’t know what potential punishments you might face.

A Sand Law attorney is standing by to help. Our attorneys are experts in North Dakota criminal law, and we also work with prosecutors regularly. Since we’re very familiar with how these prosecutors think, we may be able to help reduce your penalties. There’s also the possibility we could convince the court to throw out your case.

While we can’t make any promises, we can guarantee we’ll do everything we can to protect your rights at every turn. Schedule a free evaluation of your case by using our online contact form or giving us a call at 701-394-4744.

Types Of Violent Crimes

The following is a brief look at four types of violent crimes committed in North Dakota.

  • Murder – This is defined as intentionally unlawfully causing another human’s death or causing another’s death through an extreme amount of indifference.
  • Manslaughter – Manslaughter occurs when a person causes another’s death through recklessness.
  • Kidnapping – Kidnapping is where a person abducts someone and then restrains them. The reason could be holding that person as a hostage or for ransom or placing them in servitude.
  • Aggravated assault – If someone causes a severe injury on purpose, that’s aggravated assault.
  • Domestic violence – This is causing an injury to a family member or other household member.

Penalties For Fargo Violent Crimes

The penalties for violent crimes are, of course, significant. These are the punishments for the crimes listed above.

  • Murder – There are several potential punishments associated with a murder conviction. They range from 10-20 years in jail and a fine of as much as $20,000 or life in prison with no hope for parole.
  • Manslaughter – The maximum penalties for manslaughter are a $10,000 fine and 10 years in prison.
  • Kidnapping – Kidnapping is punishable by a fine of up to $20,000 and 20 years in prison. If the person convicted of the crime released the victim in a safe place with no harm, they might face 10 years in jail and a maximum $20,000 fine.
  • Aggravated assault – A conviction for this crime carries a fine of up to 10 years in prison and a $20,000 fine if the victim suffers permanent disfigurement or permanent organ damage.
  • Domestic violence – The penalties for a domestic violence conviction depend on the severity of the victim’s injuries. The maximum punishments are a fine of as much as $20,000 and 10 years in prison.

Long-term Consequences Of A Violent Crime Conviction

Beyond the immediate legal penalties, a violent crime conviction in North Dakota can have lasting repercussions. Convicted individuals might face challenges securing employment, as many employers are hesitant to hire someone with a violent criminal record.

Housing opportunities can be limited, with many landlords conducting background checks. Personal relationships can also be strained, with societal stigma affecting familial and social connections. Understanding these broader consequences underscores the importance of a robust defense strategy.

Your Rights After Arrest

If you’ve been arrested for a violent crime, you still have certain rights protected under the law. These rights are designed to ensure that law enforcement treats individuals fairly and provides due process of law.

One of your most important rights is the right to an attorney. This means that you have the right to have a lawyer present during any questioning or interrogation, and you also have the right to have legal counsel represent them in court.

In addition to the right to an attorney, you have the right to remain silent. You don’t have to answer any questions asked by the police, and if you do, they can use anything you say against you in court.

Other necessary rights include the right to be informed of the charges against you, a speedy trial, a fair and impartial jury, and the right to be free from cruel and unusual punishment.

It’s important to note that while these rights exist to protect individuals, they’re not absolute. For example, if there is probable cause to believe that you committed a violent crime, the police may search your person and property without a warrant. However, evidence obtained through an unlawful search may be excluded from court.

What To Expect After You’re Arrested

Crimes are investigated and prosecuted in different ways. In general, however, you’ll typically go through an arraignment or an initial hearing. You’ll enter your plea – in most cases, not guilty – and then the court will tell you about your rights. The court will then decide whether or not to grant bail. A judge could release you on your recognizance or order that you stay in jail.

While being arrested is frightening, try to remain as calm as possible. Yes, you’re facing a severe charge. But that doesn’t automatically mean a conviction.

Again, your rights include the right to remain silent. Only say something with a lawyer representing you. Also, don’t agree to take a lie detector test unless your attorney is present.

Stages Of A Criminal Trial In North Dakota

Once charged with a violent crime, the accused will undergo several stages in the criminal justice process. After the initial arrest and arraignment, there may be pre-trial motions and hearings. If no plea agreement is reached, the case proceeds to trial.

The prosecution presents its evidence first, followed by the defense. Both sides can cross-examine witnesses. After closing arguments, the jury deliberates and returns a verdict. If found guilty, a separate sentencing phase determines the appropriate punishment.

How Can A Criminal Defense Attorney Help You?

A criminal defense attorney can help individuals accused of a crime in several ways. Here are a few ways a criminal defense attorney can be of assistance:

  • Protecting your rights: One of the primary functions of a criminal defense attorney is to ensure your constitutional rights are protected. This includes ensuring you’re not subjected to illegal searches or seizures and that your right to remain silent and to an attorney is respected.
  • Building a solid defense: A criminal defense attorney can use their legal knowledge and experience to build a strong defense. Building your case may involve collecting evidence, talking to witnesses, and presenting a compelling case in court.
  • Negotiating plea bargains: In some cases, it may be in your best interest to negotiate a plea bargain with the prosecution. A criminal defense attorney will give you a complete understanding of your options and work to secure a favorable plea deal.
  • Providing emotional support: Being accused of a crime can be an incredibly stressful and emotional experience. A criminal defense attorney can provide emotional support and guidance throughout the legal process.

By working with a skilled and experienced attorney, you can increase their chances of obtaining a favorable outcome in their case.

Common Defenses In Violent Crime Cases

In North Dakota, several defenses can be raised in violent crime cases. Self-defense is a common strategy, where the accused argues they acted to protect themselves or others from imminent harm. An alibi defense can be used to prove the accused was elsewhere when the crime occurred.

Mistaken identity, where the accused argues they were wrongfully identified as the perpetrator, can also be a viable defense. It’s essential to work closely with an attorney to determine the most appropriate defense strategy based on the evidence and circumstances.

Contact Sand Law To Schedule A Free Case Evaluation

Talk to a Sand Law attorney as soon as possible to schedule a free consultation and learn more about how we can help. You can call 701-394-4744 or contact us online.

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Fargo Drug Charge Defense Lawyers

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The State of North Dakota has very little tolerance for drug offenses. Whether an officer pulled you over and found some marijuana in your car or you’re facing more severe charges, the penalties could be life-changing. You’ll need an effective, aggressive attorney to provide the best representation.

The attorneys with Sand Law have the experience and resources needed to help. We’ll work to reduce whatever penalties you may face or possibly eliminate your case. Our attorneys know how investigators and prosecutors work, and we’ll put that knowledge to use for your benefit.

Please use our online contact form to schedule a free case evaluation, or call 701-609-1510.

North Dakota Drug Offense Statistics

There were 3,606 arrests for drug violations in 2022 and 2,195 arrests for drug paraphernalia and equipment violations. Nearly 50% of all drug seizures involved marijuana and hashish.

Fargo Drug Laws

The consequences you may face after a drug arrest in North Dakota depends on many factors. These include the type of drug involved, the amount, and more. If an officer arrested you for possessing less than an ounce of a drug, you could face a misdemeanor charge. But even though this doesn’t seem serious, it could still involve a stiff fine and a few days in jail.

Possessing more significant amounts of a drug could lead to decades in jail and fines that reach thousands of dollars. You may never get out of prison if your charge is a federal crime.

Types of Drug Offenses

The three primary drug offenses in North Dakota are possession, distribution and manufacturing. The following is a brief look at each.

Possession

Possession usually involves a small amount of a drug for personal use. One example is having an ounce of marijuana.

Distribution

This crime carries much more severe penalties since it typically involves a much more considerable amount of a drug. Since people don’t keep large quantities of illegal drugs for personal use, police assume they intend to distribute them.

Manufacturing

Manufacturing is another serious crime with severe consequences. Examples include creating a meth lab, growing large amounts of marijuana and others.

Sentencing and Fees for Drug Offenses

The state of North Dakota classifies controlled substances, now known as illegal drugs, in one of five categories, or schedules. The smaller the number, the more severe the punishment for possession, distribution or manufacturing. The following is a list of some drugs that fall into the five schedules.

  • Schedule I – Unsafe drugs that have no accepted medical use. Examples include ecstasy, LSD, marijuana and heroin.
  • Schedule II – Drugs used as simulants with limited medicinal use, such as morphine, methamphetamine, opium and codeine, and a high risk of physical or psychological dependence.
  • Schedule III – These substances have a lower risk of abuse yet can still lead to dependence. These include anabolic steroids, Tylenol and ketamine.
  • Schedule IV – Schedule IV drugs are more widely accepted for medical use and carry a low risk for abuse. Examples include Valium, Halcion and Ativan.
  • Schedule V – These are medicines, such as prescription cough syrup that contains codeine, that the government regulates because they contain narcotics – even though the amounts are small.

A charge involving drugs in these schedules carries a wide range of penalties, and here’s a quick look at just a few.

Possession

The penalties for possessing illegal drugs vary, depending on the drug and the amount. A first-time offender can face a year in jail and a fine of as much as $3,000. If the state has previously convicted you of possession, the penalties for subsequent offenses can carry felony punishments. A Class C felony, for example, carries a fine of up to $10,000 and five years in prison.

Distribution

Many people refer to this as “possession with intent to distribute.” Again, it means having so much of a drug that it can’t possibly be for personal use. A distribution charge could result in a $10,000 fine or more and five years or longer in prison.

Manufacturing

Manufacturing illegal drugs can carry a penalty of up to 10 years in prison and a $10,000 fine. A second offense can mean a minimum jail term of three years; the penalty is a mandatory 10-year sentence if convicted for a third time.

How Can a Fargo Drug Offense Lawyer Help You?

As you can see, the penalties associated with drug offenses can be harsh. That’s why you’ll need the best attorney you can find. A skilled lawyer will know several potential defense strategies and pursue every option on your behalf. Some of these strategies are listed below.

Entrapment

The officer may have entrapped you into committing a crime. Entrapment means they may have coerced you into possessing drugs or even threatened you. Undercover police will sometimes encourage people to perform an illegal act and arrest them. If this happened to you, there’s a chance your arrest could be wrongful – and your case could be dismissed.

Malicious Intent

Malicious intent is a defense that attorneys rarely use in drug cases, but it can be effective. You must prove that you didn’t possess or distribute the drug on purpose. You’ll also need to prove you honestly didn’t know you had a controlled substance. In some cases, defendants have successfully used this defense by proving someone substituted drugs without their knowledge. For example, the defendant may have intended to sell sugar, but someone switched that sugar for cocaine.

Illegal Search and Seizure

The Fourth Amendment to the U.S. Constitution protects all citizens against unlawful searches and seizures. If officials searched your home or car without probable cause or a warrant, prosecutors could exclude anything they found from your case. If that happens, the prosecution will very likely drop your charges.

Call Sand Law to Speak with an Experienced Attorney Today

Sand Law attorneys have successfully used these and other defenses to protect our clients’ rights. Schedule a free consultation by calling 701-609-1510 or contacting us online. We look forward to telling you more.

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Fargo Theft Defense Lawyers

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Being arrested for any form of theft can be not only scary but also confusing. You might not know whether you’ll be fine turning to a public defender or if you should consider hiring a private Fargo criminal defense lawyer. You might be frightened because you don’t know the consequences of being convicted.

An attorney with Sand Law is ready to help. We have a long track record of successfully defending people charged with theft and a wide variety of other crimes. We’ll be able to tell you what to expect through every step of your case, and we’ll be by your side for all of it. If we can, we’ll try to have your charge thrown out. If that’s not possible, however, we’ll work to have your penalties reduced.

If you would like a free case evaluation, please call us at 701-609-1510 or use our online contact form.

The Four Types of Theft

The four types of theft are shoplifting, larceny, burglary and robbery. All forms of theft can result in significant criminal charges and penalties, including fines and imprisonment. The severity of the penalties depends on the type of theft and the value of the property stolen. Here’s a brief look at each.

Shoplifting

Shoplifting is a form of theft that involves taking merchandise from a retail store without paying for it. The punishment you face depends on the value of stolen goods and jurisdiction. The retailer may press charges even if they recover the goods.

Burglary

Burglary is a type of theft that involves illegal entry into a building with the intent to commit a crime, usually theft. It can occur during the day or at night and can take place in a residential or commercial setting. The use of force isn’t required for an act to be considered burglary, and someone can commit this crime simply by entering the building with the intent to steal. Depending on the jurisdiction, the penalties for burglary can range from a fine to a long-term prison sentence.

Robbery

Robbery involves the use of force or threat of force to take property from another person. It’s a severe crime that can result in physical harm to the victim and emotional trauma. The penalties for robbery can vary depending on the jurisdiction and the severity of the crime but can include a lengthy prison term and a significant fine.

Larceny

Larceny is the unlawful taking of someone else’s property without the use of force. It can occur in many forms, including shoplifting, pickpocketing, and embezzlement. Larceny is typically classified as a property crime and can result in criminal charges and penalties, including fines and imprisonment.

Steps to Take After You’re Arrested for Theft

If you’ve been arrested for theft, it’s essential to take the following steps:

  • Remain calm and exercise your right to remain silent. Don’t make any statements to the police without an attorney present.
  • Contact a criminal defense attorney. An experienced attorney can advise you on your rights and defend you in court.
  • Gather information and evidence related to your case, such as receipts or witnesses.
  • Cooperate with the legal process, including appearing in court as required.
  • Prepare for court by discussing your case with your attorney and understanding the charges and potential consequences.

Penalties and Consequences for Committing Theft in Fargo, North Dakota

In North Dakota, the penalties and consequences for committing theft can vary depending on the value of the property stolen and the circumstances of the crime. Theft can be a misdemeanour or a felony, with more severe penalties for higher-value property and the use of force or threats of force.

  • For theft of property valued at less than $500, the penalties can include fines of up to $2,000 and imprisonment of up to 365 days.
  • For property theft valued at more than $10,000, the penalties can include a fine of as much as $10,000 and a prison term of up to 10 years.

Additionally, a conviction for theft can result in a permanent criminal record, impacting future employment and other opportunities. You’ll need the help of a criminal defense attorney to understand the specific penalties and consequences in your case.

The Broader Implications of a Theft Conviction

Beyond the immediate legal penalties, a theft conviction can have lasting repercussions on one’s life. Personal relationships may be strained due to the stigma associated with criminal convictions.

Professionally, individuals might face challenges in securing employment, as many employers conduct background checks. Additionally, educational opportunities and housing applications might be affected. Recognizing these broader implications underscores the importance of a robust legal defense and understanding one’s rights.

Reasons A Theft Case Might Be Thrown Out

The court can throw out a theft case for a variety of reasons, such as:

  • A lack of evidence – The court can dismiss the case if the prosecution doesn’t have enough evidence to prove the theft beyond a reasonable doubt.
  • Improper search and seizure – Your case could also be thrown out if the police obtained the evidence through an illegal search or seizure.
  • Entrapment – If police induced or coerced you into committing the theft, the case can be dismissed.

Each case is unique, and the reasons for a case being thrown out can vary. An experienced criminal defense attorney can help to determine if there are any grounds for a case to be thrown out and provide a strong defense.

How to Have Your Sentence Reduced

There are several ways to have your sentence reduced if the court convicts you, including the following:

  • Plea bargaining – In some cases, the prosecution may offer a plea bargain in exchange for a guilty plea. This can result in a reduced sentence.
  • Cooperation with the prosecution – The prosecution may agree to reduce your sentence if you provide valuable information or testimony in another case,
  • Sentencing alternatives – In some cases, the court may consider alternative sentences, such as probation, house arrest, or community service.
  • Appeal – If there are errors in the original trial, you may be able to have your sentence reduced through the appeals process.

The Role of Restitution in Theft Cases

In many theft cases, the court may order the offender to pay restitution to the victim. This is a monetary compensation meant to cover the value of the stolen items or any related damages. Restitution can be a way for offenders to make amends and take responsibility for their actions.

It’s essential for individuals facing theft charges to understand the potential for restitution, how it might impact their financial situation and the overall resolution of their case.

How Can a Fargo Theft Attorney Help You?

There are a lot of ways an attorney can help. Your legal representative will protect your rights, examine the evidence against you, and look for weaknesses in the prosecution’s case.

An attorney will also work to build the most vigorous defense possible and argue on your behalf in court. Experienced attorneys also have relationships with prosecutors, which could result in a reduction of your penalties. There’s also a chance your lawyer could have your charges dismissed.

Get in Touch With Sand Law

Schedule a free consultation with Sand Law by calling 701-609-1510 or contacting us online.

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Your Legal Rights, Freedom, and Future – Criminal Defense Attorneys Serving Clients in Ward County

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Whether you have learned that you are the target of an investigation by a law enforcement agency or you have been formally arrested, the prospect of a criminal conviction can turn your life upside down. While the situation can seem daunting, you have important rights that should be immediately asserted. These rights include your right to remain silent, right to an attorney, and right to deny consent to a search. Many people make the mistake of making their situation worse by trying to “cooperate” rather than contacting an experienced Minot criminal defense lawyer who can safeguard their interests against overzealous law enforcement officers and prosecutors.

Although North Dakota law enforcement agencies often pursue investigations aggressively, our criminal defense attorneys at Sand Law, PLLC have successfully prevented formal charges from being filed when we are retained during the investigative process by narrowing the breadth of the investigation. We are prepared to limit the scope of interrogations, oppose unreasonable search and seizures, expose suggestive lineups, and otherwise ensure our clients receive the fullest protection of their rights under state and federal law.

How Can Our Ward County Criminal Defense Attorneys Help You?

Our lawyers are not here to pass judgement. Instead, our law firm is committed to the principle that every person accused of a crime deserves a zealous defense based on all our expertise, resources, and experience. When you are arrested by state or federal law enforcement officers or agents, law enforcement and prosecutors have almost limitless financial resources to use when seeking a conviction.

Sand Law's Defense Strategy

Our North Dakota criminal defense attorneys pursue effective defense strategies and positive outcomes that might include:

  • Seeking exclusion of illegally obtained evidence
  • Revealing distorted facts or outright lies by witnesses (including the so-called victim) and the police
  • Pursuing strategies for obtaining a dismissal of the charges or an acquittal following trial
  • Exploring options for a charge or sentencing reduction, diversion, drug court, probation or other forms of alternative sentencing
  • Working with experts in ballistics, toxicology, pathology, psychiatry, and other areas of specialized knowledge
  • Undertaking a thorough investigation that might include the use of professional forensic investigators
  • Negotiating with the prosecutor to positively affect the initial charging decision in terms of the number or seriousness of charges to impact the parameters of the actual charged offenses and plea offers (when retained prior to formal charges)

Why Clients Trust Our Minot Criminal Defense Attorneys to Fight for Their Future

Our criminal defense attorneys tenaciously fight for the rights, liberty, and future of our clients. We are litigators who recognize that the adverse impact of a criminal conviction lasts far beyond formal sentencing terms like jail or prison time, fines, probation, loss of driving privileges, mandatory counseling/classes, and more. A criminal record can impact employment opportunities, eligibility for occupational or professional licensing, academic pursuits, loan applications, immigration privileges, constitutional rights, and other facets of people’s lives.

The long-term prospect of facing criminal charges in North Dakota can be frightening. Aside from the impact of formal sentencing, the consequences of a conviction of a criminal offense can last long after you have satisfied all the terms of your probation. For example, a criminal conviction can interfere with loan eligibility, employment prospects, promotions, professional licensing, housing options, immigration privileges, and more.

Our clients select us to fight for their future because of our reputation for fiercely taking on prosecutors, exposing weaknesses in the State’s case, exploiting improper law enforcement conduct, and seeking the best possible outcome for our clients. Some of the accolades, honors, and ratings that reflect our commitment to striving for exemplary results and keeping clients informed throughout the process include:

  • Recognized as Great Plains Super Lawyers
  • “Peer Reviewed” Martindale-Hubbell;
  • “Superb” Avg. Rating by AVVO (Organization Rating All Attorneys in the U.S.)
  • Numerous Five Star Reviews on Legal Portals and Websites That Provide Attorney Ratings
  • Classification as a “Rising Star” by Super Lawyers
  • Near Perfect Rating Based on Peer Review from Martindale-Hubbell (4.9 out of 5.0)

Proven Defense Against Felonies, Misdemeanors, and Serious Traffic Offenses in Ward County, ND

Our lawyers have successfully represented many people charged with infractions, misdemeanors, and felonies in state and federal courts throughout Ward County. Some of the crimes we handle include the following:

  • Driving While Impaired (DWI)/Driving While Under the Influence (DUI)
  • Drug Offenses and Controlled Substances
  • Arson
  • Theft Offenses (e.g. Burglary, Shoplifting, Theft)
  • White Collar Offenses (Fraud, Embezzlement, Money Laundering)
  • Juvenile Offenses
  • Violent Crimes (Robbery, Homicide, Murder, Manslaughter)
  • Identity Theft
  • Weapons Charges
  • Sex Crimes (e.g. Sexual Abuse, Rape, Prostitution)
  • Computer Crimes
  • Warrants
  • Crimes Against Children (Child Porn, Sexual Abuse)
  • Bribery
  • Assault
  • Battery
  • Probation Violations
  • Misdemeanors
  • Felonies
  • Domestic Violence
  • Serious Driving Violations (Driving Under Suspension, Reckless Driving)

Stages of the Criminal Prosecution Process

It is important to understand the different stages of a criminal prosecution and the various players involved.

Most charges originate with a law enforcement agency, such as the local police department or the county sheriff’s office. The law enforcement agency may arrest a person or issue a citation which starts the process. Then, the case is handed off to the prosecutor. Most often, the prosecutor will be from the State’s Attorney’s Office. In Minot, this will be the Ward County State’s Attorney. If the alleged crime is federal, the prosecutor will be from the office of the United States Attorney for the District of North Dakota. Ultimately, the decision to press charges is solely in the hands of the prosecutor – not the hands of law enforcement or the alleged victim. Regardless of what the citation from the police or the initial arrest report might say, the prosecutor will choose the actual offense to charge.

Notably, the idea that the alleged victim of the crime has the choice to “press charges” is largely a myth. All criminal cases are set up as the “State v. the Defendant”. The cooperation of the victim in prosecuting the crime is not necessary for the state to proceed with the case. This is especially true in charges of domestic violence, where the prosecutor often moves forward with the case even when the alleged victim is not interested in pursuing charges. Likewise, the initial interaction with law enforcement that led to the arrest or citation often has very little impact on the disposition of the case.

The upside of this system, known as prosecutorial discretion, is that it creates room for a defense attorney to work with the prosecutor starting before charges are formally filed and continuing throughout the process.

What should I do if I'm arrested on criminal charges?

Exercise Your Miranda Rights and Keep Quiet

There is a reason why law enforcement is required to inform you of your right to remain silent. What you say, regardless of how seemingly innocuous it may seem at the time, can play a role in an upcoming trial. As a rule of thumb, remain silent and don’t answer any questions. Instead, simply ask to speak to a lawyer. Law enforcement knows that any small detail can contribute to your prosecution. Therefore, don’t give prosecutors ammunition to use against you.

Keep Records of Everything You Remember About Your Arrest

Make sure that you take note of all the details relating to your arrest. Your legal defense will need all the help it can get and even the smallest detail can prove to be helpful. Make sure you take note of exactly how you were arrested, what law enforcement said to you, witnesses to your arrest, and exactly what you were charged with at the moment of your arrest.

Seek Legal Representation As Soon as Possible

One of the immediate advantages of securing defense representation promptly is that it changes the approach taken by the prosecutor. As mentioned earlier, the state is used to their position as the giant in the room with overwhelming resources and experience. The state takes advantage of most people’s unfamiliarity with the legal system to earn easy “wins.” However, competent representation by a criminal defense attorney safeguards that the prosecution will respect your rights and deal with you on a fair footing.

Also, it’s important to realize that most criminal charges involve multiple court appearances over the course of many months. From the initial appearance where the defendant must simply enter a plea of guilty or not guilty, through evidentiary hearings and multiple motions, a criminal proceeding can eat up a massive amount of time. This is another area where the state relies on its advantage: the prosecutor does not need to miss work and travel to make court appearances. The state uses this pressure to compel many people to take less-than-ideal plea agreements. With proficient criminal defense representation from Sand Law, you will likely be able to waive many of the preliminary court appearances and you will never be pressured to take a deal that is anything less than you deserve.

Effective Strategies for DUI/DWI and Criminal Defense in North Dakota

Our experienced criminal defense lawyers don’t rely on investigations conducted by law enforcement officers and agencies. Rather, we conduct our own independent investigation of the facts once you retain our office. We work with skilled private investigators, forensic specialists, and other knowledgeable experts.

Our attorneys analyze the government’s discovery, interview witnesses (including exploring grounds to lie/bias), expose law enforcement misconduct and violations of our client’s rights, seek to exclude unlawfully obtained evidence, and challenge the prosecutor’s evidence to prove every element of a charged offense beyond a reasonable doubt.

We have the skill and expertise to provide an effective defense during all phases of the criminal process. From pre-charge investigations through trial and post-judgement proceedings, such as appeals.

When we are retained prior to formal charges being filed, we often expose weaknesses in the prosecutor’s case, Miranda violations, unreasonable searches, and other inappropriate conduct by law enforcement. Our aggressive approach at this early stage can influence decisions regarding the severity and number of criminal charges.

Because the initial charges will set parameters for plea negotiations, early intervention can result in more favorable plea offers. Depending on your circumstances, we may be able to persuade the prosecutor not to pursue the case or agree to diversion.

While a disposition is reached in most criminal cases through plea negotiations prior to trial, our Minot criminal defense lawyers thoroughly prepare cases with an eye toward trial. We approach cases looking for the best strategy to get a case dismissed or to prevail at trial. We also know that thorough preparation provides the strongest incentive for prosecutors to agree to favorable reductions in charges, lenient sentencing, probation, or other alternate forms of sentencing that can keep you out of jail or prison and mitigate the adverse consequences of a criminal prosecution.

North Dakota Crimes by Class and Sentences

Depending on the crime you’re being tried for, you’ll either be facing a misdemeanor charge or a felony charge. Based on the crime and whether it’s classified as a misdemeanor or a felony, there are different classifications with different penalties and sentencing options.

North Dakota Misdemeanor Crimes

As long as the maximum imprisonment for the crime is no more than 360 days or one year’s time, the crime is classified as a misdemeanor. However, if a crime is committed that has a penalty longer than one year imprisonment, it’s not a misdemeanor, it’s a felony.

Misdemeanors are classified by class as follows:

  • A misdemeanors: A maximum penalty of 360 days of imprisonment and up to a $3,000 fine.
  • B misdemeanors: A maximum penalty of 30 days of imprisonment and up to a $1,500 fine.
  • Infraction: Punishable only by a fine of up to $1,500. If three infractions are committed within one year, the charge may change to a class B misdemeanor.

Sentencing Options and Alternatives

A judge may impose a variety of different sentences upon the defendant, including:

  • Imprisonment in a county jail or correctional center
  • Payment of fees and fines
  • Compensation to the victim
  • Restoration of property damage
  • Participation in counseling or treatment
  • Supervised or unsupervised probation

North Dakota Felony Crimes

North Dakota and many other states separate misdemeanor offenses and felony offenses based on the maximum penalty allowed under the law. In North Dakota, a misdemeanor has a maximum possible sentence of one year of imprisonment. Therefore, any crime with a penalty above one year of imprisonment is a felony.

Felonies are classified by class as follows:

  • AA felonies: Punishable by up to a life in prison. You may be subject to parole. For example, premeditated murder and continuous sexual abuse of a child.
  • A felonies: A maximum punishment of a $20,000 fine and 20 years imprisonment. For example, sex trafficking of an adult and murder in the heat of passion.
  • B felonies: A maximum punishment of a $20,000 fine and 10 years of imprisonment. For example, manslaughter, armed robbery, and sexual imposition.
  • C felonies: A maximum punishment of five years of imprisonment and a $10,000 fine. For example, negligent homicide and perjury.

Sentencing Options and Alternatives

There are many different sentencing options. And the way that you’re sentenced is ultimately up to the judge. Nonetheless, your attorney can argue a better sentence for you. The most common felony sentencing options and alternatives include:

  • Imprisonment
  • Payment of fines or fees
  • Restoration to damaged property
  • A treatment program or institution

The sentence will usually include imprisonment and another form of sentencing. Then, the judge will either “execute or stay” the prison sentence. If the prison sentence is executed, this means that the defendant will go to prison. However, if it’s stayed, the prison sentence will be suspended and the defendant will have the opportunity to serve the sentence through probation.

Speak to a Minot Criminal Defense Attorney Today

Sand Law’s aggressive criminal defense attorneys level the playing field and fight so that you receive the full protection of your constitutional rights. Our reputation in Ward County and across the state often allows us to work with the prosecuting attorney to reduce or even dismiss charges early in the judicial process. Whatever situation you are facing, do not let the state overwhelm you.

Our criminal defense law firm fiercely represents clients in Minot criminal cases and other communities throughout Ward County, such as:

  • Des Lacs
  • Berthold
  • Kenmare
  • Surrey
  • Carpio
  • Makoti
  • Burlington
  • Sawyer
  • Donnybrook
  • Ryder
  • Douglas

We also represent clients in smaller unincorporated areas and townships in Ward County. If you or someone close to you is the target of a criminal investigation or the subject of an arrest, we offer you the opportunity to speak with one of our seasoned North Dakota criminal defense lawyers at Sand Law, PLLC. Our goal is to fight for your future, freedom, reputation, and rights, so call Sand Law, PLLC today at (701) 609-1510 or email us for a free, confidential review of your pending criminal charges.

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Don’t Take a Chance with your Freedom. Get the Best Legal Protection You Can in Williston, North Dakota.

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Hiring an experienced North Dakota Criminal Defense attorney is the best way to ensure that your freedom or public criminal record are not left up to chance. A criminal charge can and will haunt you for the rest of your life, so choosing a defense lawyer that can thoroughly protect your rights and give you a superior defense is imperative.

What is criminal law in North Dakota and why do I need a defense attorney?

Criminal defense is protected right of citizens who are accused of a crime at the state or federal level of the justice system. In order to be convicted of a crime in North Dakota, or anywhere in the US, the prosecution team must be able to prove guilt beyond a reasonable doubt to prevent emotions or feelings from being the reason a person’s freedom is taken away.

Criminal offenses are obviously those acts which violate some type of law. Criminal offenses are often categorized into two different severity types:

  • Misdemeanor
  • Felony

What is a felony in North Dakota?

A felony is a crime that is more serious in nature. They are the most serious type of offense and can either be classified as violent or nonviolent.

Each state, including North Dakota, has different punishments for different types of felonies. However, felonies generally are punishable by imprisonment for more than one year, usually in a state or federal prison, or extensive probation and fines.

Felonies can include offenses as:

  • DUI
  • homicide
  • rape
  • arson
  • assault
  • burglary
  • criminal damage to property
  • child abuse
  • money laundering
  • stalking

A person may also lose some or all of their civil liberties if they are charged with a felony like losing their right to vote or ability to own a gun.

Felonies are divided into different degrees: third degree, second degree, and first degree, with first degree being the most serious.

What is a misdemeanor in North Dakota?

A misdemeanor crime is more serious than a citation, like say a traffic ticket, but less serious than a felony. Misdemeanor are usually punishable by up to one year in a county jail, or probation, house arrest, or fines.

Other punishments for misdemeanors may also include community service, mandatory drug and alcohol counseling, anger management classes, restitution, electronic monitoring, etc.

Misdemeanor crimes can range from DUI violations, to certain types of assault and battery, theft, and possession of a controlled substance.

Misdemeanors are divided into different degrees, such as third degree, second degree, and first degree. First degree is the most severe, and third degree the least severe.

What are my Constitutional Rights in North Dakota as a Defendant?

Criminal defendants in North Dakota have several constitutional rights that are designed to protect them from unfair proceedings.

The most important of those rights is that the State prosecution has a responsibility to prove a defendant’s guilt “beyond a reasonable doubt.” It is not the defense’s responsibility to prove that the accused did not commit the crime. Instead, the prosecution must prove that they did commit the crime.

North Dakota defendants also have the right to:

  • remain silent
  • confront their accuser and witnesses
  • a public trial
  • trial by jury
  • a fair and speedy trial
  • adequate legal representation
  • not be tried twice for the same offense, known as double jeopardy

About Sand Law’s Williston Criminal Defense Attorneys

The Williston Criminal Defense Attorneys of Sand Law PLLC in North Dakota have been defending the rights of the accused for more than 30 years.

We have extensive experience trying many different types of cases in all levels of criminal courts, including federal, state, and juvenile. It is Sand Law’s mission to be a voice for the voiceless. So, if you have been charged with a crime in North Dakota, contact us today and begin to rest assured that you have a vigorous and effective defense team on your side.

Types of Criminal Cases Sand Law Handles

Our criminal defense team is made up of former prosecutors and board certified defense attorneys. We combine our knowledge and years of experience to give our clients the best advantage possible.

Some of the types of cases we handle include:

  • Appeals
  • Domestic Violence
  • Drug Offenses
  • Fraud
  • Internet Crimes
  • Manslaughter and Vehicular Manslaughter
  • Murder
  • Post Conviction Relief
  • RICO
  • Sex Crimes
  • White Collar Crimes

I was arrested in Williams County, now what?

When you are accused of a crime, put into handcuffs, and taken to jail, it is stressful to say the least. It is almost certainly stressful for the accused’s family as well. One of the most comforting things you can do right away is retain counsel to help ensure that your rights are protected from the very beginning.

If you were arrested in Williston, Williams County, or anywhere in North Dakota, understand that there could be serious repercussions, including permanent loss of your freedom, if you do not get legal representation asap.

 

Discuss Your Case With Our Experienced Defense Lawyers in Williston

Sand Law PLLC represents clients in Williston, Watford City, Bismarck, Minot, and across North Dakota. Our clients come from all walks of life. From first time offenders to those with an extensive criminal past. From everyday people to celebrities, judges, professional athletes, and politicians.

Early intervention by a legal team representing your interests is crucial in proactively preventing your case from being controlled by the police and prosecutors. That’s why we take every possible measure to be available 7 days a week, 365 days a year. Rick and Bill Sand Banner - Bismarck Criminal Defense Attorneys - Sand Law PLLC - North Dakota Criminal Defense Attorneys

Contact the Experienced Williston Defense Lawyers at Sand Law PLLC

To contact us, use our online form or call us today at (701) 609-1510 to talk to a defense attorney in Williston immediately. We value your privacy and keep all information strictly confidential.

Schedule A free Consultation
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Protecting Your Freedom in Watford City, McKenzie County, and Across North Dakota.

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The best way to ensure that your freedom and criminal record are not left up to chance is by hiring an experienced North Dakota Criminal Defense attorney. Choosing a defense lawyer that can thoroughly protect your rights and give you a superior defense is imperative, because a criminal charge has the potential to haunt you for the rest of your life.

Why do I need a defense attorney?

In order to be convicted of a crime in North Dakota or anywhere in America, the prosecution lawyers must be able to prove the defendant’s guilt beyond a reasonable doubt. This is part of the rights of citizens accused of a crime at the state or federal level, and criminal defense is the act of attorneys taking on the responsibility of protecting those rights. A person’s freedom is on the line, therefore the proof of guilt must be ironclad.

Violations of state and federal law is classified into two types: felonies and misdemeanors.

What is a felony?

Crimes of a more serious nature are classified as felonies. Every state has some variation of punishments for felonies, but as a general rule, felonies are punishable by prison sentences of more than one year, or, if prison isn’t part of a sentence, extensive probation periods and heavy fines.

Felonies include non-violent crimes like burglary, money laundering, stalking, and criminal damage to property; and violent crimes like homicide, rape, arson, and child abuse. Punishment for felony convictions also usually include a loss of civil liberties, like the right to vote or ability to own a gun.

What is a misdemeanor?

Misdemeanor crimes lie in a middle ground between felonies and citations – behaviors less serious than homicide and arson but more serious than a traffic ticket. Misdemeanor crimes are punishable by time in county jail, probation, house arrest, and fines. Other punishments may include community service, counseling for substance abuse, restitution, anger management classes, and electronic monitoring like ankle bracelets.

Misdemeanors are divided into different degrees, from third degree to first degree, with first degree being the most serious. Examples of misdemeanors are DUIs, theft, assault, and possession of controlled substances.

As a defendant in Watford City, what are my rights?

North Dakota citizens have constitutional rights designed to protect them from unfair proceedings in the courtroom. The prosecution has a responsibility to prove a defendant’s guilt beyond a reasonable doubt – that is to say, the prosecution team must prove the defendant did the crime, rather than the defense needing to prove that they did not.

Defendants have a host of other rights, such as:

  • Remaining silent during questioning
  • Confronting the person who accused them of the crime, as well as any witnesses
  • A public trial
  • Jury of peers at the trial that delivers the verdict
  • A fair and speedy trial that does not drag on for an extended period of time
  • Having adequate legal representation, including state-employed attorneys if the defendant can afford no other
  • Immunity from being tried twice for the same offense, also known as double jeopardy

Our Criminal Defense Attorneys

The criminal defense team at Sand Law PLLC has been defending the rights of the accused both in North Dakota and across America for over 30 years. We have extensive experience in cases from all levels of the justice system, from juvenile halls to federal courts.

It is Sand Law’s mission to protect the rights of those accused of crimes, and to give defendants the protection they deserve. If you have been charged with a crime, contact us today so that you can have the peace of mind that comes with an effective defense team in your corner in the courtroom.

Types of Cases We Handle

The former prosecutors and certified defense attorneys at Sand Law bring a variety of backgrounds to the criminal defense table. We combine our experience and knowledge to give our clients the best defense possible. The cases we handle include:

I’ve been arrested in Watford City, what do I do?

The process of being arrested is stressful. Being accused, put in handcuffs, and taken to jail can leave a person rattled, emotional, and unable to think clearly. One of the best things you can do is protect your rights from the very beginning by retaining legal counsel.

If you were arrested in Watford City, or anywhere else in North Dakota, you run the risk of losing your freedom, along with other serious repercussions, if you do not get legal representation as soon as possible.

Discuss Your Case with our Watford City Defense Lawyers

Sand Law PLLC represents clients across North Dakota, including Watford City, Williston, Bismarck, and Minot. From first time offenders to those with extensive records, our clients come from all walks of life. Everyday people, celebrities, judges, and politicians are just some of the people who have relied on our experience.

Proactive investigation by a legal team that represents your interest is a key to an effective defense. Our 7 day a week, 365 day a year availability is in service of your rights, to prevent your case from being controlled by the police and prosecutors.

Rick and Bill Sand Banner - Bismarck Criminal Defense Attorneys - Sand Law PLLC - North Dakota Criminal Defense Attorneys

Contact the Experienced Watford City Defense Lawyers at Sand Law PLLC

To contact us, use our online form or call us today at 701-609-1510 to talk to a member of our Watford City attorney team. We value privacy, and will keep your information confidential.

Schedule A free Consultation
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Protecting your Freedom in Bismarck, Burleigh County, and across North Dakota.

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What is Criminal Law?

The legal system of the United States operates on a principle of innocent until proven guilty. Individuals accused of committing a crime are still afforded legal protections. Criminal defense law is the process by which an attorney uses those protections in court proceedings. The prosecution opposite the defense must prove the person’s guilt of the crime beyond a reasonable doubt.

Any offense that violates public law falls under the umbrella of criminal defense. There are two different categories of criminal offenses: misdemeanors and felonies. Generally, a crime’s severity is what determines which category it falls under.

What is a Felony?

Of the two categories, felonies are the more severe. The punishment for a felony offense is usually greater than one year in prison, and a fine of $1000.00 or more. If convicted of a felony offense, there is also the chance the guilty party may lose some or all civil liberties, such as the right to own a handgun or possess a driver’s license.

Felony offenses also have various degrees. Third Degree felonies have a maximum punishment of up to five years in prison, and second degree felonies are punishable up to fifteen. First degree felonies carry prison sentences of thirty years to life.

What is a Misdemeanor?

Misdemeanors are the less severe of the two categories. Punishment for these cannot exceed one year of prison time in a county jail, or a probation of the same length, and carry a maximum fine of no more than $1000.00. Punishments for misdemeanors are less severe than felonies, though they include a variety of more physical punishments such as:

  • Community service
  • Mandatory alcohol or drug counseling for addicts
  • Other classes related to the offense, such as anger management or impulse control courses
  • Restitution
  • Travel restrictions like house arrest

Second degree misdemeanors are punishable by up to sixty days in jail or six months of supervised probation. First degree misdemeanors are punishable by up to one year in jail or supervised probation.

About Sand Law’s Criminal Defense Attorneys

The Bismarck Criminal Defense Lawyers of Sand Law PLLC have decades of experience defending the rights of those charged with criminal offenses of all types, both felonies and misdemeanors. We provide Burleigh County with extensive experience trying cases in juvenile, state, and federal court.

Sand Law attorneys have handled many cases throughout North Dakota, allowing us to benefit of experience in various types of law. If you’ve been charged with a crime, you have a right to effective defense, and our experienced attorneys can provide it.

Types of Criminal Cases We Handle

We bring an experienced team that knows how the government handles criminal cases. With former prosecutors and board certified defense attorneys on our roster, we are very familiar with the criminal justice system. Our knowledge and years of experience works to our client’s advantage, and we can handle almost every type of criminal matter in any type of court. From routine misdemeanors to serious felonies, our team can help defend you in cases of:

Arrested in Burleigh County?

One of the most stressful events in anyone’s life is being arrested. It carries uncertainty, and can take a very high toll on a person’s life by adding financial, personal, and professional pressure. It also affects those around them, including spouses, children, relatives, friends and coworkers. Our defense team in Burleigh County understand all of the repercussions that an arrest can have on your life.

The decades of combined experience on our team allows us to know what approach to take with your defense. Our Burleigh County criminal defense lawyers will work with you to understand the circumstances of your case, and organize your defense. Legal decisions are vital to the course of your life, and it’s important to make the right ones.

Sand Law, Helping Clients in Bismarck and North Dakota

We represent clients in Watford City, Williston, Bismarck, Minot, and anywhere in North Dakota. Our clients include people from all walks of life, from first time offenders to career criminals, from everyday working people to celebrities, judges, professional athletes, law enforcement officials, politicians, business executives and professionals.

At Sand Law PLLC we recognize that many cases require the highest level of privacy and discretion. Some cases require a high level of skill when it comes to dealing with press and media matters. Creativity and flexibility are essential when defending a client, and every member of our team has a vast arsenal of legal experience to draw from to fight for your rights.

Our team has the resources and experience to handle pre-arrest investigations, prepare cases for trial, negotiate with prosecutors, and argue before judges. We provide aggressive representation that serves the interest of our clients.

Contact the Experienced Bismarck Defense Lawyers at Sand Law PLLC

Sand Law PLLC is located in the heart of North Dakota with offices in Watford City, Williston, Bismarck, and Minot. Our early intervention is crucial when you are involved in a criminal investigation. A proactive approach can even prevent charges from being filed after an arrest. That’s why we take every possible measure to be available 7 days a week, every day of the year. So please fill out our online form or call us today at 701-609-1510 to talk to a defense attorney in Bismarck immediately. We value your privacy and will keep any information strictly confidential.

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Sand Law is Your North Dakota Criminal Defense Law Firm

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Being charged with a crime in North Dakota can be one of the most serious and stressful circumstances one faces during their life. It is important that you hire an experienced, well-respected North Dakota criminal defense attorney that will fight for your rights.

The attorneys at Sand Law, PLLC have handled countless criminal cases at all stages of litigation. From administrative hearings to jury trials, our lawyers provide tough, intelligent, and compassionate representation. Whether you have been charged with a low-level misdemeanor or a serious felony, you need a North Dakota criminal defense lawyer. Contact our office for a free initial consultation.

Click here to review our exceptional case results: View Our Recent Case Results

Frequently Asked Questions about North Dakota Criminal Law

What is criminal law?

Criminal law is a system of rules that defines what is considered a crime and how the government might prosecute an individual that commits a crimes. Federal, state, and local governments all have different laws pertaining to different crimes. Something that is illegal on the federal level may be legal on the state level. For example, marijuana possession is legal in many states, however it is illegal at the federal level; that is, the United States considers it a crime.

Each of the these levels of government prohibit certain actions and have a defined punishment for that criminal offense. For example, if a person in North Dakota physically assaults another person, they may be charged with the state offense of assault.  Individuals who violate a law can face many different punishments, including community services, restitution, monetary fines, probation, or incarceration in a county jail or state prison.

Like a personal injury lawsuit in which a person files a lawsuit against another person, in a criminal offense, the lawsuits is filed by the government against the alleged criminal. These proceedings are handled by someone known as a prosecuting attorneys who act on behalf of the government to enforce and prosecute the law.

What is a crime in North Dakota?

A crime is “any act or omission of an act in violation of a law forbidding or commanding it”. What constitutes a crime is defined by statute (or a specific law); statutes vary from state to state and government to government.

[For a list of federal crimes, click here.]

[For a list of North Dakota criminal laws click here.]

Criminal laws in North Dakota can usually be characterized into two classes:

Felonies include serious crimes, like murder and are usually punishable by incarceration for a year or more. Misdemeanors are less serious criminal offenses and are punishable by probation, less than a year in jail, or fines.

How are North Dakota crimes prosecuted?

North Dakota criminal laws typically break crimes down into:

  • an act (the “actus reus”), and
  • a mental state (“mens rea”)

In order to be convicted of a crime in North Dakota, a state prosecutor must prove that the defendant meets both of these elements. This means that a person must commit the unlawful act (actus reus) and must have done it intentionally or known it was wrong while doing it (mens rea).

A prosecutor cannot simple say that a defendant committed a crime, but instead must prove each and every element of a crime beyond a reasonable doubt in order for a defendant to be convicted.

How does Sand Law handle a North Dakota criminal case?

  1. 1. Case Review
  2. 2. Negotiating the Case
  3. 3. Trial
 
  1. 1. We review the case

First, it is important to conduct an in-depth case evaluation. That means that the very first thing our attorneys do is compile all of the discovery in your case. Discovery generally all police reports, witness statements, audio/video evidence, reports, and crime lab evidence. Out attorneys then go through the evidence with a fine-tooth comb, searching for any legal, factual, statutory, or constitutional issues. Depending on the facts of your case, it may be necessary to submit a motion to suppress evidence or to dismiss the case. That is why an in-depth review is vital to any case evaluation.

  1. 2. We negotiate the case

Next, we discuss your case with the prosecution and relay any potential plea agreement negotiations with you. From this point, discuss with you the best strategy moving forward. This may entail accepting a plea deal in order to avoid jail time or to keep a crime off of your record.

  1. 3. We prepare for trial.

Finally, if after we discuss plea agreement options and decide it is in your best interest to forego that process – we take your case to trial. Our attorneys have an abnormally high success rate at trial, having secured multiple victories for both felony and misdemeanor cases.

[Click here for What You Need to Know when Arrested in North Dakota.]

What types of criminal cases does Sand Law handle?

  • APC (Actual Physical Control)
  • Arson
  • Assault and Battery
  • Bribery
  • Burglary, Shoplifting, Theft, and Robbery
  • Child Abuse and Child Pornography
  • Computer Crimes
  • Controlled Substances Violation and Drug Crimes
  • Credit Card Fraud and Identity Theft
  • DUS (Driving Under Suspension)
  • DUI (Driving Under the Influence) and DWI (Driving While Intoxicate/Impaired)
  • Embezzlement
  • Expungements
  • Felonies
  • Fraud, White Collar Crimes, and Money Laundering
  • Homicide, Murder, and Manslaughter
  • Juvenile Crimes
  • Perjury
  • Prostitution
  • Rape, Sex Crimes, and Sexual Abuse
  • Reckless Driving
  • Weapons Crimes

[ARRESTED IN NORTH DAKOTA? WHAT YOU NEED TO KNOW]

Where does Sand Law practice?

We handle cases throughout the entire State of North Dakota. Sand Law PLLC has offices in:

We are strategically located to serve you legal needs. Not only do we serve the exact areas where we have offices. We serve all of the areas around each office and across North Dakota.

Sand Law, PLLC represents North Dakotans in the following Courts:

  • Burleigh County
  • McKenzie County
  • Morton County
  • Mountrail County
  • Stark County
  • Ward County
  • Williams County
  • Bottineau County
  • Dunn County
  • McHenry County
  • McLean County
  • Mercer County
  • Pierce County
  • Watford City
  • Williston City
  • Minot City
  • Bismarck City
  • Mandan City
  • and All of North Dakota

Types of Cases Sand Law Handles:

North Dakota DUI/DWI Charge

If you were arrested for driving under the influence (DUI) or for driving while intoxicated or impaired, for example driving while under the influence of alcohol or drugs in North Dakota, you need to get the help of a DUI attorney. A DUI or DWI charge could result in serious penalties and will definitely negatively affect your life. It may be expensive, it could cost you your job, you may have limited transportation options, and you could face other criminal penalties. A DUI attorney like Sand Law PLLC may be able to have your DUI or DWI charge reduced.

North Dakota Assault Charge

If you have been accused of willfully causing bodily harm to another person, you may be charged with assault in the state of North Dakota. You may be charged with simple assault or assault depending on the amount of injury you allegedly caused the victim. Assault can run the gambit on its level severity, including Aggravated Assault, Reckless Endangerment, Felony, and Misdemeanor. Assault can be classified as a Class B Felony, Class C Felony, Class A Misdemeanor, Class B Misdemeanor.

North Dakota Drug Related Offenses

Possession of controlled substances can vary greatly in North Dakota and so can the penalties for possession. North Dakota classifies many drugs as controlled substances, like marijuana, cocaine, heroin, and methamphetamine. Illegally making, possessing, or selling drugs can be classified as misdemeanors or felonies and can cause serious disruption in one’s life. North Dakota classifies drugs into something called schedules, from Schedule I which are considered the most dangerous drugs to Schedule V which are considered the least dangerous.

North Dakota Sex Crimes

Sex crimes are defined by violence during a sexual act, lack of consent, or engaging in a sexual act with an individual who is legally incapable of consent. Sex crimes can have serious consequences and may require incarceration and registration as a sex offender. This can seriously impact a person’s job, housing, and social opportunities.

North Dakota Serious Felonies

North Dakota categorizes felony crimes into four categories: Class AA, Class A, Class B, and Class C. Class AA felonies are the most serious in North Dakota, while Class C offenses are the least serious.

For information on misdemeanors, see North Dakota Misdemeanor Crimes by Class and Sentences.

Felonies in North Dakota have a maximum possible penalty, meaning there is limit on the amount of punishment imposed. This depends on the class level:

Class AA: Up to life imprisonment without parole

A: Up to 20 years imprisonment and up to $10,000 in fines

B: Up to 10 years’ imprisonment and up to $10,000 in fines

C: Up to five years’ imprisonment and up to $5,000 in fines

North Dakota Theft and Burglary

Theft crimes involve the taking of the property of another with the intent to deprive them of it permanently. Theft is often categorized into two different categories: larceny and theft crime. Larceny is defined as: the unauthorized taking of another person’s property with the intent to permanently deprive them of the use of the property. So, the basic distinction between robbery and larceny is that robbery involves the use of force, whereas larceny doesn’t,

  • Threats
  • Fraud

North Dakota Criminal Statute of Limitations Laws

North Dakota’s state prosecuting attorneys must file criminal charges against the accused within a certain period of time. This limited time period is known as the criminal statute of limitations. These time limitations vary depending on the type of crime committed.

The time period usually begins on the day the crime was committed, but this can vary depending on the circumstances. This is to prevent someone from leaving the state in order to wait for the clock to run out, or some other similar circumstances. In those cases, the time limit would not begin until the person is living back in North Dakota and their location is known.

North Dakota’s Statute of Limitations helps to:

  • preserve evidence and witness testimony
  • create an incentive to solve crimes quickly
  • and maintain fairness by allowing for an accurate trial.

In North Dakota, there is no statute of limitations for murder. For child victims under the age of 15, the statute of limitations does not begin until they reach the age of 15. All misdemeanors in the state of North Dakota have a two-year statute of limitations.

More information about North Dakota Statute of Limitations can be found under Chapter 29-04.

To summarize the time limits that the state has to bring charges:

Statute of Limitations on Felonies

Statutes of Limitations for felonies vary based on the crime. The statutes of limitations in North Dakota for felony charges is three years.

For murder in North Dakota, there is no Statute of Limitations. For sexual abuse of a child, the statute of limitations is 21 years.

Statute of Limitations on Misdemeanors

The North Dakota Statute of Limitations for misdemeanors is two (2) years.

Statute of Limitations on Crimes Against a Child

If a minor victim was under the age of 15 at the time of the crime, the statutes of limitations doesn’t begin until they reach the age of 15. This adds years to the statutes for crimes against children.

How can I contact an experienced criminal defense attorney in North Dakota near me?

If you or a loved one has been charged with a criminal offense in the state of North Dakota, contact the aggressive and experienced attorneys at Sand Law PLLC. We have the resources, experience, and zeal to defend our clients in the best way possible in order to dismiss or lessen your charge. Call 701-609-1510 or email us for a criminal case consultation.

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