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It can be a scary time when you get charged with an assault in North Dakota. You probably have no idea what is going to happen to you. You are probably worrying about the potential trial and figuring out whether or not you are going to be spending time in jail. While this period can be exceptionally stressful, there is still hope. It is important to remember that there is still a process to go through, and giving up will only expedite that process to your detriment.
Once you are arrested or just charged, there are steps that you will have to follow. You should hire the best lawyer that you can because he or she will help you from the day that you are charged all of the way until completion. If you end up in jail, he or she may continue to appeal your case.
To help you through your case, here are the steps that you must take.
First, you will be under arrest. Whether you are arrested in the middle of a fight or after the fact because someone files a report, you will be arrested and possibly handcuffed and taken to the police station. It is important not to talk too much because you are liable to get yourself in even more trouble. Miranda rights exist for a reason. Everything you say absolutely can and likely will be used against you, no matter how inconsequential those words may seem at the time.
Then, you are going to have an arraignment. This is when the jury (or just a judge) will decide whether there is enough evidence to take your case to trial. At this time, you will be given your exact charges, which could include a misdemeanor or felony assault.
At this time, you will also be told whether or not you will be released on your own recognizance or you will have bail. This is usually made depending on how serious your charge is and if the judge thinks that you will come back to court. Your lawyer should be present to help you through your arraignment.
Your case will then be seen by the Grand Jury, who will decide if there is enough evidence for a trial or if it should just be dismissed. You need a lawyer to help you with your case when the evidence is given to the Grand Jury. A good attorney can
Then, it is time to prepare for your trial. Your lawyer will work hard to defend you against the charges. If there is evidence that shows you are guilty, a good lawyer will fight to get it taken out of the court system. Anything that shows you in a good light, he or she will work hard to make sure that the jury hears about it during your trial.
During this time, your lawyer should be finding expert witnesses and investigators to back you up. The goal during this time is to find enough information so that your case never goes to trial and the case is just dropped. This can be a key point in the case since sometimes a ruling and sentence can be significantly influenced by even the most seemingly minor piece of evidence.
Then comes your assault trial. This is often the worst part because your fate is in the hands of a jury (and your lawyer). Many worry about serious jail time and losing their freedom. However, if you have picked the right lawyer, he or she will fight for you the entire time. They want the charges dropped (or at least your sentence made as short as possible).
If you lose and are sent to jail, you can always appeal your case. Keep going until you get the results that you deserve.
If you or a loved one have been arrested and charged with assault in the state of North Dakota then do not hesitate to contact the experienced criminal defense attorneys of Sand Law. Our lawyers have a long track record of cases with positive results where we have successfully defended our clients charged with assault, DUI’s, among a number of various other misdemeanors and felonies.
A good lawyer will help you through this whole process. You will need his or her expertise every step of the way, from the initial arrest all the way through your trial (and any appeals that you may make). A good lawyer may be the difference between jail time and getting your charges dropped so use the best lawyer that you can afford!
If you are in legal trouble, don’t hesitate to contact us. We have offices in Watford City, Williston, Minot, and Bismarck so that we are better able to assist you with your case.
Here at Sand Law North Dakota, we offer a free consultation to evaluate your situation and come up with a unique approach. Contact us online or call us at 701-609-1510.
Whether you are facing prosecution for possession of a controlled substance or the intent to sell or distribute an illegal substance, you may have a number of potential legal defenses available to assert. Depending on the unique circumstances of your case, choosing the right drug defense in North Dakota can dramatically reduce the potential punishment that you are facing. When meeting with your attorney, here are some key defense strategies they may use.
It happens more than you would think. You are offered drugs by someone you don’t know. And despite repeatedly refusing them, they continue to pester you. Eventually, you may just make them go away. But as soon as you agree, you find the cuffs slapped on your wrists. This is referred to as entrapment. And it is not something that police officers are allowed to do. When investigating drug crimes undercover, officers cannot aggressively pursue or persuade you to purchase drugs illegally. However, many will do it, especially if you are hanging around a common drug trafficking area. This is just one scenario. But entrapment can take many different forms.
If you are arrested for drug possession, you may have no idea where they came from. If so, then taking up a malicious intent defense may be the next natural step. Your attorney will rule out the possibility that the drugs were planted on you. Either by someone seeking revenge or by a police officer. This can be a huge deal and difficult to prove. It requires a lot of investigation into the person you believe to have planted it. For this defense, you and your attorney will need to turn up evidence proving they planted it. For example, witnesses or documents that point to their malicious intent.
This defense only works for marijuana specifically and can be a gamble. Marijuana is legalized for medicinal use in North Dakota. However, it’s required that you carry a card to signal that you are a licensed user of medical marijuana. These cards can be difficult to obtain. If you can prove you were possessing marijuana in order to use it for a medical condition that studies have shown marijuana use to be effective, for then it may still be a valid defense. If you have proof you have back pain or glaucoma, both of which can be treated by medical marijuana, are conditions that may make you eligible for such a card.
If there is one drug defense that is used more than others, it is the denial of ownership. While you may think it is the first step of this defense to deny the ownership of illegal substances at the time of arrest, it is best to just keep quiet. Instead, contact your attorney as soon as possible so they can advise you as to how to proceed.
North Dakota treats drug crimes very seriously. There are severe penalties even for first-time offenders that can end up serving local jail time or even several years in prison. Drug crimes involving the sale and distribution of illegal narcotics are taken especially seriously by the justice system and are considered federal crimes that bring the severity of punishment to a new level tried in federal court that comes with a whole new set of rules. Drug charges are already tried in special drug courts most of the time where the focus of rehabilitating drug offenders can consist of different punitive measures such as repeated drug testing, ongoing addiction treatment, and recurring court check ins. When dealing with the defense of a drug charge, you need a lawyer that understands how these different courts work and how to best mount a defense in response.
These defenses may work for some types of drug offenses. While others will not have as much success. It is important to remember that every case is different with its own set of details and factors that can affect how successful certain defense strategies are as well as the overall success of defense in general. Therefore, it is imperative that you seek not just any legal council when dealing with a drug charge but a criminal defense attorney with specific experience in dealing with drug charges. There are many criminal defense attorneys out there that will make a number of claims regarding their success and skills, but always remember to look at your attorney’s case histories to be sure that their experience and skills are relevant to your type of case. Experience can often tip the scales of justice towards a favorable outcome in regard to your case ruling.
If you have been arrested for drug possession with or without the intent to sell, no matter what you think your defense strategy should be, your first steps should be to shut your mouth right after you ask for your lawyer. The worst thing you can do for your case can often be the defensive utterances that you make at the time of your arrest. What you say then can greatly derail a potentially effective drug defense. If you need a drug charge defense lawyer in Watford City, Williston, Minot, or Bismarck, North Dakota, contact us today. 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 701-609-1510.
The United States Attorney’s Office for the District of North Dakota is responsible for prosecuting federal crimes throughout the state and for prosecuting all violent crimes occurring within the Fort Berthold Reservation, the Spirit Lake Reservation, and the Turtle Mountain Reservation.
Federal criminal charges are generally much more serious than state charges, even when the alleged underlying offense is relatively similar. U.S. Attorney Chris Myers has stated: “It is no secret that the penalties in federal court for drug trafficking are much more severe than state court.”
Federal prosecutors have vast investigative resources at their disposal and have a reputation for assembling evidence very thoroughly. Federal prosecutors are also much more likely to successfully extradite suspects across state and international lines. Notably, in just the past few years the U.S. Marshall’s Service has arrested over ten people in Jamaica and extradited them to North Dakota to face trial for a telemarketing fraud scheme. In addition to its extradition powers, the U.S. Attorney’s office directs a powerful combination of law enforcement agencies, including the Drug Enforcement Agency (DEA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as well as coordinating task forces with state and local agencies.
Commonly charged federal offenses in the District of North Dakota are drug trafficking (41.8% of charges in North Dakota), child pornography (6.6%), sexual abuse (6.4%) and firearm-related charges (11.4%).
Another significant difference between state and federal charges is that federal sentencing guidelines are much more rigid than state sentences. There is no parole in the federal prison system, and almost all federal inmates will serve at least 85% of their sentence. Sentences are also strictly governed by the federal sentencing guidelines, lessening the discretion of the court and the prosecution.
Federal sentences almost always include prison time. For example, in 2016 less than 2% of federal sentences in North Dakota did not involve prison time.
Sentencing guidelines lead many accused people to accept plea deals for lesser offenses that carry with them less serious sentencing. In the District of North Dakota, over 95% of people charged in federal court accept a plea deal, with just 4.2% of cases going to trial. This amounts to only 15 federal criminal trials in North Dakota in 2016. Unlike in North Dakota State Courts, which tend to be swamped with low-level charges, federal prosecutors often have more time to prepare for the fewer amount of trials they handle each year.
In most cases, federal charges will apply if a person does not just commit a crime in their state alone. When someone commits a crime across state lines then it can become a federal matter where federal charges will apply. Federal charges can also apply when a crime is committed on federal property. For example, if someone commits a crime in a building belonging to the federal government or land belonging to the federal government such as a national park then they can face federal charges. Moving from a state to a federal charge escalates the matter significantly. While someone may face federal charges, this does not always eliminate state charges. There are many instances where a person can be charged on both the state and federal levels for the same crime that they committed. What can also happen is the federal government may choose to step in if the state charges brought against you fail.
Because of the severity of federal sentencing and federal resources, it is essential to retain competent criminal defense representation as soon as possible when federal charges are brought. Sand Law, PLLC has a successful track record of providing effective representation in federal criminal cases across North Dakota including Indian Country. Our team of experienced defense attorneys has successfully represented clients throughout all stages of federal investigation and prosecution, from initial appearances and extradition hearings through the appeal process.
If you are facing criminal charges from the U.S. Attorney in North Dakota, you cannot count on the government making mistakes and you cannot afford to make mistakes in your own representation. Our lawyers work with you at every step along the way to build an air-tight defense and ensure that you are afforded every constitutional protection that you deserve. We never forget that you are innocent until proven otherwise, and we will fight alongside you to defend your freedom.
If you are facing federal charges or investigation, contact Sand Law as soon as possible to set up a no-cost consultation with one of our experienced criminal defense attorneys. Our attorneys can provide you with the expert legal representation you will need to stand the best chance possible in your defense against federal prosecution. Our attorneys have years of experience and a long record of successful cases under their belts for a number of satisfied clients.
With attorneys licensed to practice in Federal Court and offices in Watford City, Williston, Minot, and Bismarck – we stand ready to defend your rights.
Contact us today for a consultation if you are facing DWI/DUI or test-refusal charges either by reaching us online or our office at 701-609-1510.
Driving while intoxicated or driving under the influence (DWI/DUI) is one of the most common criminal charges brought in Minot, Ward County, and across the State of North Dakota.
In 2016, the United States Supreme Court heard two DWI/DUI cases from North Dakota, one from Morton County and one from Bowman County. Driving under the influence cases generally do not receive so much attention, but the high Court saw an opportunity to address a problem in many states’ DWI testing laws. Before 2016, the courts in North Dakota, including the North Dakota Supreme Court, had upheld the law stating that it was a crime (carrying the threat of jail time) to refuse a breath, blood, or urine test of blood alcohol content (BAC) following an arrest for suspected DWI. In Birchfield v. North Dakota, the U.S. Supreme Court found that this law was unconstitutional. As a result, some convictions were overturned, and some drivers could withdraw guilty pleas made under the threat of jail time for refusing the test.
Though this case received a lot of attention last year, the law ultimately did not change very significantly. The Supreme Court allowed the state to maintain most of its DWI/DUI testing laws, known as the “implied consent” law. The essence of the law, both prior to and after the Supreme Court decision in 2016, is that drivers have given their consent to blood alcohol testing by taking advantage of their driving privileges. The Court struck down the possibility of criminal penalties (e.g., jail time) for refusing a BAC test, but the states could continue to impose administrative sanctions for test refusal. What that looks like for most people is an immediate loss of their driver’s license followed by an administrative hearing to determine further consequences. The Supreme Court also allowed the state to continue using blood and urine tests if the state first obtains a warrant, and breath tests are still allowed without a warrant.
The bottom line is that the Supreme Court did reign in the state law to some extent, the principle of implied consent generally still applies and the state can impose immediate consequences on drivers for refusing a BAC test.
Minot introduces some unique issues as well. As noted by Minot Air Force Base Legal Office, the gates of the AFB are essentially 24-hour per day, seven days per week, 365 days per year DWI/DUI checkpoints. Of course, entering an airbase involves a drastic reduction in a driver’s civil rights against unreasonable searches and seizures. Additionally, a DUI can carry significant consequences beyond the state criminal charges or administrative penalties. Active duty service members should contact the office of Area Defense Counsel first, but may also want to engage civilian defense counsel to assist with state criminal charges or administrative penalties.
The penalties for DUI offenses in North Dakota can be severe. North Dakota also increases this severity with every repeat offense. The reasoning for this is driving under the influence comes with a massive risk of causing severe car accidents that can easily take the life of someone that contributed no fault whatsoever. To discourage this behavior, not just North Dakota but almost every state has put severe DUI penalties into practice.
First DUI offenses in North Dakota are considered Class B misdemeanors. The fine for a first offense DUI is $500 for a BAC below .16 and $750 for a BAC of .16 or higher. Additionally, a BAC of .16 or above can get you a two-day jail sentence.
Those convicted of a DUI in North Dakota can have their driver’s license suspended. For a BAC below .18, the suspension period is 91 days. The license suspension can be for up to 180 days for DUI with a BAC of .18 or higher.
Second DUI offenses within a 7-year period carry an even larger penalty. The fine can be up to $1,500 for a second offense DUI, which is a Class B misdemeanor. Additionally, a person convicted of a second DUI offense can receive up to 10 days in jail.
Second DUI offenses can get you a license suspension for up to 1 year if your BAC is below .18. However, for a BAC of .18 or higher, the suspension can be for up to 2 years.
For a third DUI offense within 7 years, the charge is a Class A misdemeanor. Therefore, the fine is $2,000 with a suggested jail sentence of up to 120 days. People convicted of a third DUI offense in North Dakota may also be subject to a 360-day supervised probation.
For a BAC below .18, the license suspension period is 2 years. However, if your BAC is .18 or greater, your license may be suspended for up to 3 years.
Finally, for a fourth and subsequent DUI offenses within a 15-year period, the charge is a Class C felony. This means that a person convicted can receive up to 1 year and 1 day imprisonment and a $2,000 fine. Additionally, someone convicted of a fourth or subsequent DUI may receive probation for up to 2 years.
Sand Law’s experienced DWI/DUI attorneys in Minot always remain current with the development of implied consent law in North Dakota and in the nation’s Supreme Court, and stand ready to defend your rights in case of a DWI arrest or a warrant-less BAC test. In addition to navigating potential criminal penalties, we represent clients throughout the administrative hearing process, including through a judicial review of an administrative hearing. If you have been arrested on suspicion of DWI, it is important to initiate your legal defense promptly. Our offices are conveniently located in Minot to serve the city and all of Ward County. Sand Law, PLLC is one of the state’s premier DWI/DUI defense firms, with extensive experience protecting our clients’ rights throughout criminal proceedings and the administrative hearing process. Contact us today for a consultation if you are facing DWI/DUI or test-refusal charges either by reaching us online or our office at 701-609-1510.
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Driving under the influence (DUI), also known as driving while impaired (DWI), carries significant penalties in North Dakota. A DUI conviction carries both criminal and administrative penalties. This means that you risk losing your driver’s license in addition to receiving a fine or being sentenced to jail time.
On the criminal side of things, DUI offenses range from a Class B misdemeanor to a Class C felony in North Dakota. The prosecution takes a number of factors into account, including the measured blood alcohol content (BAC), previous convictions for DUI, the presence of children in the vehicle, and any injuries caused by an accident. The penalties start at a $500 fine for a first offense with a BAC under .16 and can be as high as 20 years imprisonment if someone was killed.
Administratively, the state’s Department of Transportation (DOT) can suspend a person’s driver’s license. The DOT’s decision to suspend the driver’s license is completely independent from the criminal proceeding. Similar to the range of criminal penalties, license suspension ranges from 91 days for a first offense to multiple years of suspension for felony-level DUIs. Additionally, the driver may have to submit to supervised probation for years following a conviction.
North Dakota may also require drivers convicted of DUI to participate in the “24/7 Sobriety Program.” The 24/7 Program requires total sobriety for up to two years, and involves significant daily costs. Participants in the 24/7 Program must pay the state for the costs of electronic monitoring, daily breath alcohol tests, and periodic drug testing. Alternatively, a defendant may be subject to random testing at the discretion of the probation officer.
If you have been charged with DUI/DWI, it is important to prepare your defense without delay. As noted above, DUI charges are not “cut and dry.” The severity of the criminal charges and administrative penalties depends heavily on the particular facts surrounding the arrest, the diligence (or lack thereof) of law enforcement, and the discretion of the prosecution. Having and experienced criminal defense lawyer that takes a comprehensive approach to DUI defense, beginning with a thorough examination of law enforcement’s initial investigation and arrest, is crucial.
When a law enforcement officer suspects a driver of driving under the influence, he or she must respect the constitutional rights of the driver. One of the most significant rights that we all enjoy is the 4th Amendment protection against unreasonable searches and seizures. Practically what that means is that law enforcement cannot stop a vehicle without a reasonable suspicion of a crime being committed. However, police officers often stop vehicles “on a hunch” without the required evidence of a crime. This is an area where the prevalence of squad car cameras is helpful to the public. Sand Law will immediately obtain copies of all video captured leading up to an arrest and analyze it against the existing law to determine if the initial stop was in fact constitutional. Field sobriety tests are also subject to examination, as they involve the officer’s subjective observation.
Sand Law’s defense attorneys have experience defending DUI charges across the state and consistently obtain favorable results for our clients. Our DUI defense lawyers navigate the administrative process to restore driving privileges and obtain less intrusive probation conditions. We understand the importance of having a valid driver’s license in order to get to work and complete everyday tasks. If you have been charged with a DUI, contact our office today for a free consultation. With attorneys in Watford City, Williston, Minot, and Bismarck, we are prepared to defend your rights anywhere in North Dakota.