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Facing a charge for any kind of sex offense is a terrifying experience. If you’ve been arrested and charged with this kind of crime, you’re going to need the help of an experienced criminal defense attorney as soon as possible. Law enforcement aggressively investigates and prosecutes crimes of this nature, and the penalties are severe. You must take action to ensure the best chance of the best possible outcome.
Talk to a Sand Law attorney for more information on how we can help. We’ll do everything we can to reduce your penalties either or possibly drop your case. You can contact us online or call 701-609-1510.
Gross sexual imposition occurs when someone threatens another to perform a sexual act. These are a few examples:
Gross sexual imposition is a felony, either Class A or AA, depending on circumstances. The penalties are 20 years to life in prison without the chance for parole.
A person can face a charge of sexual assault if any of the following apply:
Sexual assault is sometimes considered a Class A misdemeanor, but in most cases, it’s a Class C felony. The maximum penalties for a Class A misdemeanor are 360 days in jail and a fine of $3,000, and class C felonies carry a prison term of as much as five years and a $10,000 fine.
There are many examples of surreptitious intrusion, including the following:
In most instances, someone convicted of surreptitious intrusion will face Class A misdemeanor penalties (360 days in jail, a fine of up to $3,000). But if they’ve previously been convicted of the same crime or are registered as a sex offender, they could face Class C felony punishments.
If someone blackmails another person into committing a sexual act, they could face a charge of sexual extortion. The state typically classifies this as a Class B felony, punishable by 10 years in prison and a maximum fine of $20,000.
In addition to the penalties mentioned above, sexual crime offenders may also have to register with the state of North Dakota. The public has access to this registry. Sometimes, offenders must register for life and inform law enforcement whenever they move. They also have to update their status every 30-90 days, and failure to do so could result in more penalties.
You also have the right to due process of law, which means you’re innocent until proven guilty. There are several defense strategies you could possibly pursue. Here are just a few your attorney will very likely consider.
Beyond the legal ramifications, it’s essential to address any underlying issues and work towards rehabilitation. Whether it’s attending therapy, joining support groups, or engaging in community service, taking proactive steps can aid in reintegration into society.
For those facing allegations, these efforts can also demonstrate responsibility and remorse. 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.
There are a lot of reasons you’ll need a criminal defense lawyer if you’re facing a sexual offense charge. The stakes are incredibly high, so you’ll want the best possible legal representation.
At Sand Law, we’ll investigate the allegations against you and do everything we can to help reduce the potential penalties. You’ll be able to count on us for a vigorous defense provided by a skilled, experienced attorney.
Schedule a free consultation by contacting us online or calling 701-609-1510.
Even after offenders have paid their debt to society, their past history still closely follows them into the future. Having a criminal record makes it tough to leave this past behind. It’s a stigma that limits various opportunities and fosters distrust. Expungements and pardons help people with criminal records establish new lives, repair their reputations, and regain an even footing in the community.
Everyone makes mistakes. That doesn’t mean a fresh start is undeserved. If your criminal record is holding you back, a north dakota expungement lawyer can assist you in getting that record sealed. Call 701-394-4744 to speak to an experienced attorney at sand law today.
An expungement is the deletion of a past criminal record. Once expunged, a record can be hidden from background checks. When a record is sealed by expungement, the contents of that record can only be made available with specific court approval.
A person whose record was expunged does not have to report their previous criminal record when applying for jobs or when looking for a place to rent. Additionally, an expungement can restore any lost rights, like being able to vote in elections.
Not all offenses are eligible for expungement, however. Some may be pardoned.
A pardon is a government decision that allows the legal consequences of a criminal conviction eased. Depending on the circumstances, a pardon can be full, partial, or conditional. A pardon may be granted before or after someone is convicted of a crime.
While a pardon doesn’t destroy or seal a criminal record, like an expungement does, it can remove certain penalties and restore rights to the convicted, like the right to vote or the right to own a firearm.
In North Dakota, a pardon is decided by the The Pardon Advisory Board along with the governor. They have the authority to grant a commutation, conditional pardon, pardon, remission of fines, and reprieve.
Prior to August 1, 2019, citizens of North Dakota could only have their criminal records sealed under extremely limited conditions. One of the few ways to get a record sealed prior to 2019 was to receive a deferred imposition of sentence, meaning the sentence for an offense gets postponed and remains off record until that sentence starts. In order for a sentence to be deferred, the defendant had to plead guilty to the charge.
Additionally, the list of crimes for which the records could be sealed was limited, including the possession of less than one ounce of marijuana and crimes committed as a direct result of being a victim.
The new laws passed in August 2019 (HB 1256 and HB 1334) created opportunities for former offenders to have their criminal history sealed with fewer exceptions than in the past.
Not everyone is qualified to have their criminal records expunged. Offenses that require an offender to join a registry under section 12.1-32-15 are not eligible for expungement. This includes crimes against children and sexual offenses.
To be pardoned, an applicant has to show that the conviction has caused him or her to “have encountered a significant problem with the consequences of the conviction or sentence.” For instance, a conviction that prevents a person from pursuing professional qualifications or gainful employment may be considered a significant reason for a pardon.
In order to fully understand if your conviction can be expunged or pardoned, you will need to speak to a North Dakota criminal defense attorney to go over your options.
One eligibility requirement for getting a record sealed is a guilty plea or a guilty verdict. Misdemeanors and felonies have their own unique requirements. If you are interested in getting records of a misdemeanor sealed, you must go three years without a new criminal charge.
The three year waiting period begins after probation, parole, or incarceration ends. After the three year period, you can request expungement. For felonies, that period is five years. Crimes involving violence or intimidation require a 10 year charge-free waiting period.
In order to get your criminal record expunged, you must explain why your record should be sealed, as discussed above. Basically, your past offenses need to be causing you some immediate hinderance.
After the petition has been filed, a hearing will be scheduled to review the expungement request. This hearing will be at least 45 days after the petition is filed. This period is required to give the prosecutor time to collect evidence and consult law enforcement, victims, witnesses, and any other involved parties. The court will consider various factors such as the seriousness of the crime and the risk that a petitioner poses to society.
If a municipal court denies the petition, then an appeal can be made to the district court. The petitioner must wait at least three years from the date of the denial to file another request for sealing the records. If the case is denied in district court, the petitioner cannot appeal the decision any further.
A pardon does not seal a criminal history; a background check can still reveal the criminal record. However, the background check will also reveal the pardon, which can help to show that a former offender has been rehabilitated. This can be extremely helpful in future endeavors.
If you’re seeking a pardon, you must petition The Pardon Advisory Board, but opportunities to do so are limited. Board members meet only twice a year, reviewing roughly 50 applications per year. Additionally, they only review applications submitted 90 days or prior to their meeting. This is why having an attorney on your side can make all the difference in properly submitting your request.
Finally, The Pardon Advisory Board only has the ability to recommend a pardon to the governor. Ultimately, it is the current governor of North Dakota’s decision whether or not to grant the pardon.
The process for obtaining an expungement or pardon is both lengthy and detailed. The guidance of a legal expert makes it much easier to meet specific deadlines and requirements related to a petition. If you’re seeking an expungement or pardon, the attorneys of Sand Law will work diligently to ensure that you get the second chance you deserve. Contact us using our online form or by calling us at 701-394-4744.
Sand Law PLLC is located in the heart of North Dakota with offices in Watford City, Williston, Bismarck, and Minot. We take every possible measure to be available 7 days a week, every day of the year. So please contact us today to discuss your case. We value your privacy and will keep any information strictly confidential.
Sex-related offenses in North Dakota range from Class A misdemeanors to Class AA felonies, carrying possible prison sentences from less than a year for a misdemeanor to life imprisonment for Class AA felonies. The difference between a felony or a misdemeanor charge depends on the specific facts of the case as applied to the law. The North Dakota Century Code has very detailed definitions of the charges, taking many factors into account. The difference in age between the parties and associations with hazing or initiation are all factors the prosecution will consider when deciding what charges to bring.
In addition to criminal penalties, people convicted of sex offenses may have to register with the state. Federal law requires that states notify the public about offenders who constitute a risk to the community. North Dakota complies with this requirement by maintaining a sex offender registry. This registry is then made available to the public.
The Attorney General’s office conducts an investigation, separate from the criminal proceedings, and assigns each offender a “risk level.” Depending on the risk level assigned, offenders may have to register for fifteen years, twenty-five years, or for life. Registered offenders are also required to update local law enforcement agencies every time they move to a new address and provide updates on their status every thirty or ninety days. Failing to register or to update law enforcement about moving is a separate criminal offense with additional penalties.
A conviction for a sex offense can entail other restrictions. Offenders deemed to be “high risk” may not live near schools, parks, or daycare facilities. Offenders of all levels are generally prohibited from being on school property, including sports facilities. Employers are legally allowed to consider sex offender registration status in making hiring decisions. Similarly, landlords may legally decline to rent to registered offenders.
There is almost no situation in which resisting arrest is a viable course of action. In basically every instance, resisting arrest only leads to more trouble. And this will cause your case to suffer accordingly. In many cases, an arrestee doesn’t have the right to resist arrest even if it is illegal. If you resist arrest, you can be charged for that and/or assault and battery of an officer. This can also reflect very poorly on you when you are tried.
Your Miranda rights are there for a reason. You have the right to remain silent. So be sure to use it. At most, simply say that you wish to speak to an attorney. After the initial arrest, be wary of any interaction with the police. Law enforcement is well versed in getting incriminating information out of those that are arrested. This may be through friendly conversation or intimidation. Under no circumstances should you talk about your case without your attorney present. Do not even talk to other inmates since they may turn over incriminating information to get themselves a better deal.
When you are arrested be sure to make note of all the details of your arrest and processing. Make note of exactly what law enforcement says. What are they arresting you for? Did they read you your Miranda rights? Which officers arrested you? Where did they arrest you? At what time?
Perhaps the most important thing to do following an arrest for any crime is to seek legal counsel. This doesn’t just mean seeking out a lawyer but seeking out a criminal defense lawyer and getting their assistance before you do absolutely anything. Law enforcement may give you the impression that cooperation will expedite your release from jail. Do not try to talk yourself out of your arrest or make any decisions until you talk to a lawyer that can give you advice on what your next move should be.
North Dakota law requires that criminal charges be brought within a certain amount of time after the alleged offense was committed. Generally, this period of time is three years when the alleged offense is a felony.
Sex offenses are governed by a more complicated statute of limitations. For example, charges for gross sexual imposition (which includes offenses commonly called rape, sexual acts with an intoxicated or incapacitated person, and sexual contact with a minor under the age of fifteen) may be brought up to seven years after the alleged offense occurred.
If the alleged offense occurred while the victim was under the age of eighteen, charges can be brought for three years starting at the time the alleged offense was first reported to law enforcement. This can result in charges being brought decades after the alleged incident occurred if the victim did not report the incident at the time.
Sex crime statutes are complicated and the details are very significant. Starting with the prosecutor’s choice of charges, continuing through trial, and potentially for years following a conviction, small details can greatly impact the seriousness of the charges and the long-term burdens of offender registration.
Sand Law’s experienced criminal defense attorneys aggressively represent clients from the outset of legal proceedings to ensure that every client enjoys the presumption of innocence that he or she deserves. The state has the burden to show, beyond a reasonable doubt, that a crime occurred. Many times, sex offense charges are brought with very little evidence.
Through a rigorous discovery process, Sand Law will comb through the state’s evidence and evaluate the case. Our attorneys have a proven track record of demonstrating to prosecutors that a case should never have been brought in the first place, resulting in a dismissal. If a case proceeds to trial, the criminal defense lawyers at Sand Law PLLC will fight in order to help you get the best possible result for your case. We offer free consultations. Call us today at 701-394-4744.
With offices in Watford City, Williston, Bismarck, and Minot, Sand Law is positioned to represent our clients in any type of sex offense case anywhere in North Dakota.