What Happens if I get a DUI/DWI?
While no one should drink and drive, everyone deserves the right to an attorney for defense in a DUI criminal case. Ask our team about how we can help deal with your North Dakota DUI charge. Summary DUI/DWI charges stem from driving under the influence of alcohol or drugs, with serious consequences for public safety and legal accountability. Penalties for a DUI charge in North Dakota increase with severity and repeated violations, including fines, license suspension, jail time, and probation. The arrest process involves field sobriety tests, booking, potential bail, and impounding your vehicle, depending on the case specifics. Court appearances may occur in municipal or district court, with experienced attorneys advocating for plea bargains or alternative penalties. Common penalties include loss of driving privileges, probation, alcohol evaluations, fines, and potential jail sentences. If you were involved in an accident while under the influence of drugs or alcohol, you should think about hiring a DUI defense attorney to represent you in court. They can help lower any fines or sentences you may be given for your DUI charge. Generally, a DUI defense lawyer can make the process much smoother for you. At Sand Law PLLC, our North Dakota criminal defense...
What is the Difference Between Bail and Bond?
Criminal defendants should understand the difference between bail and bond so they know who to pay and what terms to expect. Summary Bail is the money a defendant pays to the court as a guarantee they will appear for their trial. A bond, on the other hand, is a loan provided by a third party to cover the bail amount. When defendants can’t pay bail, they often turn to a bail bondsman, who posts the bond in exchange for a 10% fee and collateral. If the defendant shows up in court, any collateral used for securing the bond is returned, minus the bondsman’s fee. If bail is posted directly by the defendant, the full amount is refundable at the conclusion of the case, provided they attend all court dates. A bail hearing determines the defendant's eligibility for release, sets the bail amount, or outlines conditions for pretrial release. Bail may be denied in cases where a defendant is considered a flight risk or a threat to public safety. After being arrested, you may be scared, stressed, and unsure of the process that’s to follow. There are many steps in the criminal process that begin the moment you’re arrested and will...
Reasons Your Criminal Case Could Be Thrown Out in Court
While there are many reasons the courts could throw out your case, it’s safer to hire a North Dakota criminal defense attorney to represent you rather than rely on the state making an error. Summary Probable cause is essential for arrests and charges; without it, criminal cases can be thrown out of court. Insufficient evidence makes it harder for the prosecution to prove guilt, leading to possible dismissal of the case. Illegally obtained evidence, such as from unlawful searches, is not admissible in court and may result in dismissal. Lost or destroyed evidence weakens the prosecution’s case and can lead to a case being dropped. Unavailable witnesses can prevent the prosecution from proving key elements of the alleged crime. As a criminal defendant, having your case thrown out is one of the best outcomes you could hope for. However, this isn’t an easy feat to accomplish. The court can throw out a criminal case for various reasons, but you’ll need a skilled attorney to make it happen. The following is a look at some of the most common reasons courts dismiss criminal cases. If you need the help of a lawyer with extensive experience in criminal defense in Minot, Bismarck,...
Penalties for Misdemeanors and Felonies in North Dakota
Learn more about the potential financial and legal consequences of misdemeanors and felonies in North Dakota. Summary Criminal convictions in North Dakota, whether misdemeanor or felony, carry both immediate and long-term consequences, such as jail time, fines, and probation. Specific penalties vary for assault, arson, burglary, theft, DUI, and drug convictions, depending on the offense's severity. Long-term repercussions affect employment, housing, civil rights, relationships, and travel, making reintegration challenging for North Dakotans with misdemeanors and felonies. Sand Law attorneys offer focussed legal defense to minimize penalties, negotiate favorable outcomes, and provide representation. For any criminal charge, consulting a North Dakota criminal defense attorney early is crucial to protect your rights and navigate complex legal consequences effectively. One of the most important things to know if you’ve been arrested in North Dakota is not to take your charge lightly. Even something as seemingly “minor” as a misdemeanor charge could have a profound impact on your life. Obviously, if you’re looking at a felony charge, you should be extremely concerned. In fact, it would be understandable if you’re terrified. However, you should worry about both penalties for misdemeanors and felonies. The stakes are going to be very high, regardless of what type...
What is a Class C Felony?
In North Dakota, a Class C felony is a lesser criminal offense, but it can still have significant implications for your freedom and future. Summary A Class C felony is an offense the law considers more severe than a misdemeanor yet not as serious as other felonies. Examples include possession of a small amount of an illegal drug, minor forms of assault, and others. Punishments for different types of Class C offenses can vary significantly. A conviction can cause significant consequences for years to come. Skilled attorneys know how to provide effective defense strategies and can also work to expunge a conviction from a person’s record. You face a Class C felony charge and might think it’s not serious. A police officer might have arrested you for possessing an illegal drug. An officer might have charged you with an assault resulting from a bar fight, and you’re looking at a Class C charge. You assume the penalties aren’t harsh, so you’re not worried about hiring a lawyer. The truth is much different. A charge for any felony carries severe consequences, ones you might not realize. If found guilty, you could spend years in jail. Please don’t risk it. Speak with...
Steps to Take after an Assault Charge
What Should I Do If I Am Charged With Assault? 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. Hire an Experienced North Dakota Criminal Defense Attorney 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. Speaking During Arrest Can Affect Your Case First, you will be under arrest. Whether you are arrested in the middle of...
Arrested in North Dakota? What You Need To Know
If you're facing a misdemeanor or felony in North Dakota, here's what you need to know to protect yourself.If you have recently been arrested in North Dakota, you should understand the arrest process and investigation, the types of criminal offenses in North Dakota, and the court and trial process.Being charged with a crime is a serious event. Whether you have been charged with a misdemeanor or a felony, there are a number of consequences that you may be facing. Charges carry with them the potential for consequences such as:jail timefinesfeescommunity servicesupervised probationchemical testing[Why You Need a Criminal Defense Lawyer in When You've Been Charged in North Dakota]What Happens During Investigation and Arrest Phase?InvestigationBeing charged with a crime generally begins with arrest and investigation. A law enforcement officer at the municipal, county, state, or federal level begins by investigating a potential crime. Investigations can vary in length from minutes to months depending on the alleged crime.For instance, a DUI investigation generally lasts somewhere between 15 and 20 minutes. The officer pulls a car over, suspects that the driver has been drinking, and then administers field-sobriety tests in order to establish probable cause for an arrest. Other less serious crimes, like theft,...
How to Prepare For Your Court Appearance
By physically and mentally preparing for a court appearance, criminal defendants can give their case a better chance of a favorable resolution. Summary Being well-prepared for a court appearance can significantly reduce stress and increase the likelihood of a favorable outcome. It's crucial to understand the charges, legal procedures, and terminology to work effectively with your criminal defense attorney and navigate a court appearance. Consulting with a criminal defense lawyer is essential for protecting your rights, providing advice, and coordinating a defense strategy. Properly managing and organizing documents and evidence is vital for presenting a clear and efficient case. Dressing appropriately for your court appearance and maintaining proper courtroom etiquette can positively influence the judge and jury. Walking into a courtroom can be an overwhelming experience, especially when your freedom or reputation is at stake. The importance of preparation for a court appearance cannot be overstated—adequate preparation not only helps alleviate stress but also plays a critical role in achieving a favorable outcome. When you know what to expect and are well-prepared, you present yourself more confidently and effectively, which can positively influence the judge and jury. At Sand Law PLLC, we can help equip you with the necessary knowledge...
What Happens If You Appear in Court Without a Lawyer?
Choosing to represent yourself without the assistance of a North Dakota criminal defense attorney can harm your case. Summary North Dakota criminal defense attorneys can help protect your rights, navigate legal procedures, and craft defense strategies. Representing oneself ("pro se") can lead to misunderstandings of legal terminology, courtroom protocols, and charges. Indigent criminal defendants in North Dakota have a right to court-appointed legal representation. Self-represented individuals face hurdles including completing legal paperwork, meeting deadlines, and public speaking. This often leads to procedural mistakes and inadequate defense strategies. By hiring an experienced criminal defense attorney, defendants can benefit from their knowledge of local laws, defense planning, negotiation skills, resources, and courtroom experience. Facing criminal charges is a serious matter that can significantly impact your life. The legal system is intricate; understanding its nuances requires knowledge and experience. Therefore, having a criminal defense attorney by your side is not just beneficial—it's often essential. Legal representatives help protect your rights, navigate complex legal procedures, and provide tailored defense strategies. However, some individuals choose to represent themselves and appear in court without a lawyer, a process called "pro se" representation. While this might seem like an opportunity to avoid legal fees or control...