North Dakota Criminal Defense Lawyer
North Dakota is one of the most sparsely populated states in the nation. However, that doesn’t mean that there isn’t plenty to see and do while there. For instance, you can spend time at Theodore Roosevelt National Park or at Fort Abraham Lincoln. If you are looking for a quality education, North Dakota State University is one of the best in the country. Of course, you may have difficulty driving, going to school, or otherwise enjoying your time in the state if you are charged or convicted of a crime.
How to React When Contacted by Police
If you are stopped by the police, you don’t have to provide any information other than your name and date of birth. This means that you don’t have to admit that you were drinking prior to being pulled over or that there is a gun in your backpack. In the event that an officer searches your car and finds something, you don’t have to admit that it’s marijuana or some other prohibited substance.
It’s possible that staying silent may increase the odds that an officer will detain you or take you into custody. However, it may significantly reduce the chances of being convicted of a crime. In fact, there is a chance that the charges against you may be dropped before a trial begins.
There is also a chance that you won’t be charged with a crime at all. Typically, authorities can hold you for up to 72 hours before you must be charged with a crime or released. If you have an attorney, your representative may move to have the charges dropped sooner if there is little evidence to suggest that you committed a crime.
You Have the Right to an Attorney
Hiring a North Dakota criminal defense attorney is one of the smartest decisions that you can make. Ideally, you will hire an attorney as soon as you are taken into custody or otherwise believe that you may be charged with a crime. Your attorney will likely start the process of obtaining any information that the state has about your case as soon as a hiring decision is made.
Knowing what the government knows is important because it can help you determine how to proceed with your own defense. For instance, if you find out that the government has insufficient evidence to overcome its burden of proof, you may ask that the charges be dropped or insist on a favorable plea deal.
If you know that the government has sufficient evidence to accomplish its goals, it may be best to pursue a plea or start getting ready for trial. It’s also possible that your attorney will try to have evidence suppressed before a trial begins or at some point after a jury has been selected.
For instance, if you aren’t told about your right to have an attorney present during questioning, anything that you say could be inadmissible. If you were the victim of an illegal search or seizure, the same may be true in your case.
Reasons to Hire Our Law Firm
There are two primary reasons why you would want to hire us to defend your interests in court. First, our attorneys are former federal agents or federal prosecutors. Therefore, we have a good understanding of what the government might do in an effort to obtain a conviction. In addition, we won’t hand your case to a junior associate or a paralegal. Instead, the person who is chosen to represent your interests is the person who will be by your side throughout the entire case.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
The Types of Cases Our Firm Handles
Our firm will handle just about any type of criminal case that you might bring us. Whether you are charged with larceny, drunk driving, or drug possession, we will be available to help you. The same is true if you are charged with tax evasion, fraud, or other types of financial crimes. The attorney assigned to your case may also be able to create a defense in your case if you are facing both federal and state charges. Let’s take a closer look at some of the charges typically handled by state authorities.
Assault and Battery
Assault and battery both involve causing harm to another person. However, assault can occur even if you don’t put your hands on someone. Battery only occurs if you intentionally cause contact with someone without that person’s permission and cause harm to that individual.
Tax Evasion
Tax evasion occurs when you willfully submit inaccurate information to the government in an effort to avoid paying what you owe. For instance, if you fail to report half of your income, that could be seen as an attempt to evade paying taxes. The same might be true if you take a deduction that you aren’t entitled to.
Drunk Driving
If you operate a motor vehicle with a blood alcohol content of .08% or higher, you could be charged with DUI. You may also be charged with DUI if you drive while under the influence of marijuana, prescription pills, or anything else that might lead to impairment. There is also a chance that you’ll be subject to penalties such as the loss of your driver’s license if you fail to comply with the state’s implied consent laws. These laws say that you must submit to a chemical test if asked to do so by a police officer. Technically, you agreed to comply with such a request when you received your license.
Frequently Asked Questions
What constitutes an illegal search and seizure?
Typically, the state can only search you, your home, or anything else that belongs to you with proper permission. A police officer might obtain permission either directly from you or by obtaining a warrant from a judge. It’s also possible for an officer to conduct a search if there is probable cause that a crime may have been committed. For instance, if an odor of marijuana is coming from your car, it may indicate that you have used the substance and are under its influence. The same might be true if a gun, knife, or other potentially harmful items are in plain sight.
What happens if prosecutors fail to disclose information?
If it is discovered that the prosecution failed to turn over information in your case, it may be grounds to have a conviction overturned. For example, if your attorney wasn’t told about witness statements that may have created doubt in the case, that may be enough to cause a mistrial. At a minimum, it may be enough for an appellate judge to remand the case back to the trial court for further considerations. At that point, the prosecutor might decide to not proceed with the case. This may be especially true if several years or decades have passed between the time you were convicted and the time your case was sent back for further consideration.
What other types of defenses might an attorney use?
There are many options available to your North Dakota criminal defense attorney in their quest to defend your interests. For example, it may be possible to argue that there were problems with the chain of custody after an item was taken from your car, home, or backpack. It may also be possible to argue that there was no intent to hurt someone or engage in fraudulent activities. In fact, your attorney may argue that you were coerced by a police officer to engage in activities that you didn’t want to partake in.
What should I know about the initial consultation?
The initial consultation should take about 15 minutes of your time, is free, and will not be monitored by the government. However, there is no requirement to tell us your name, location, or other information that you might want to withhold until after making a hiring decision. Furthermore, there is no obligation to hire our firm after you have finished talking to us.
What happens after the initial consultation?
If you choose to hire us to represent you during the legal process, we will first assign an attorney to your case. From there, you will be allowed to meet with your representative and go into more detail about the charges you face and how you’d like to proceed. It’s also possible that your attorney will take action prior to the meeting such as informing the government that you have obtained counsel.
Contact The Criminal Defense Firm Today
To get in touch with a North Dakota criminal defense attorney, call our national intake hotline at 866-603-4540. You can also reach out online by filling out the form on our website.