Sand Law is Your North Dakota Criminal Defense Law Firm
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 by calling (701) 380-8390 or submitting a contact form for a free initial consultation.
Click here to review our exceptional case results: View Our Recent Case Results
What is North Dakota 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 crime. 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, in many states marijuana possession is legal, however it is illegal at the federal level; that is, the United States considers it a crime.
Each of the 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.
Similarly to a personal injury lawsuit in which a person files a lawsuit against another person, in a criminal offense, the lawsuit is filed by the government against the alleged criminal.
These proceedings are handled by someone known as a prosecuting attorney who acts on behalf of the government to enforce and prosecute the law.
What is Considered 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
- Misdemeanors
Felonies include serious crimes, such as murder, and are usually punishable by incarceration for a year or more. Misdemeanors are less serious criminal offenses. Consequently, they are punishable by probation, less than a year in jail, or fines. For information on misdemeanors, research North Dakota Misdemeanor Crimes by Class and Sentences.
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 simply say that a defendant committed a crime. Instead, a prosecutor must investigate and 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?
At Sand Law PLLC, our team has a proven process for managing North Dakota criminal defense cases. More specifically, it consists of three main stages:
1. Case Review
2. Negotiating the Case
3. Trial
1. We review the case and charges
Firstly, 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 includes all police reports, witness statements, audio/video evidence, reports, and crime lab evidence.
Our North Dakota criminal defense attorneys then go through the evidence with a fine-tooth comb. We will search for any legal, factual, statutory, or constitutional issues with your case.
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.
2. We negotiate the case
Next, we discuss your case with the prosecution and relay any potential plea agreement negotiations with you. Then, we’ll 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.
3. We prepare for trial
Finally, if after we discuss plea agreement options and decide it is in your best interest to forgo 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?
Our team of seasoned representatives has experience defending clients charged with a wide range of criminal offenses committed in North Dakota. We take on many types of felony and misdemeanor criminal cases, such as:
- 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
Where does Sand Law practice?
We handle cases throughout the entire State of North Dakota, from Williston to Fargo criminal defense.. Sand Law PLLC has offices in:
- Minot Sand Law Office
- Bismarck Sand Law Office
- Watford City Sand Law Office
- Williston Sand Law Office
- Fargo Sand Law Office
- Grand Forks Sand Law Office
We are strategically located to serve you legal needs. Not only do we serve the exact areas where we have offices, but we also serve all of the areas around each office and across North Dakota.
Sand Law, PLLC represents North Dakotans in the following Courts:
When you are facing criminal charges, you need a defense attorney who can reliably appear in court on your behalf. You can count on Sand Law PLLC to advocate for you, regardless of which North Dakota court you case is being heard in. We defend clients in:
- 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:
The following are the major types of criminal defense cases that our team handles for our clients:
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, then 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 North Dakota DUI/DWI defense attorney from 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 drug crimes, and therefore 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.
They range from Schedule I, which are considered the most dangerous drugs, to Schedule V, which are considered the least dangerous. Your North Dakota criminal defense attorney can employ common defenses against drug charges to help your case.
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. North Dakota sex crimes can have serious consequences.
They may require incarceration and registration as a sex offender. Consequently, 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.
Felonies in North Dakota have a maximum possible penalty, therefore there is a 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
Not only do we represent clients charged with minor criminal offenses, but we also have the resources and skills to handle cases involving major felonies.
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 in the ND Century Code.
To summarize the time limits that the state has to bring charges:
Statute of Limitations on Felonies
The statute of limitations for felonies vary based on the crime. The statute 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 statute of limitations doesn’t begin until they reach the age of 15. This adds years to the statutes for crimes against children.
Why You Should Choose Sand Law North Dakota Criminal Defense Attorneys
A criminal conviction can have life-long, life-altering consequences for you and your family. With so much at stake, you can’t afford to hire anything less than the best when it comes to a criminal defense attorney.
Clients across the state have trusted the North Dakota criminal defense lawyers of Sand Law for years to protect their rights, defend their case, and fight for a fair outcome. We are ready to do the same for you. You can rely on us to provide a compelling defense with comprehensive support.
Speak to our North Dakota criminal defense lawyers handling felonies, misdemeanors, DUI, and drug charges today. We have offices in Minot, Watford City, Williston, & Bismarck.
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 defense 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.
Frequently Asked Questions
Do I have to hire a lawyer or can I represent myself in a North Dakota criminal defense case?
In North Dakota, you can represent yourself in a criminal defense case, a process known as “pro se” representation. However, it’s generally not recommended due to the complexities of criminal law and the potential consequences of a conviction, such as jail time and fines.
Sand Law ND criminal defense lawyers have the experience to navigate legal procedures, challenge evidence, and negotiate plea deals. If you cannot afford a lawyer, you may qualify for a court-appointed defense attorney.
It’s advisable to seek legal representation to ensure your rights are protected and to improve your chances of a favorable outcome.
What is the difference between bail and bond for a criminal case?
Bail and bond both serve to ensure a defendant’s appearance in court, but they differ in terms of payment and responsibility. Bail is the cash amount set by the court that a defendant must pay to be released from custody before trial. If the defendant appears in court as required, the bail is refunded.
A bond, on the other hand, involves a third party, typically a bail bondsman, who posts bail on the defendant’s behalf for a fee, usually a percentage of the bail amount. The bondsman assumes responsibility for ensuring the defendant’s court appearances.
What are my rights if I’m arrested in North Dakota?
If you’re arrested in North Dakota, you have several key rights. Firstly, you have the right to remain silent to avoid self-incrimination, as anything you say can be used against you in court.
You also have the right to an attorney; if you cannot afford one, a court-appointed lawyer will be provided. You must also be informed of the charges against you and have the right to a fair and speedy trial under the ND rules of criminal procedure.
Additionally, you have the right to reasonable bail, unless charged with a serious offense. These rights are designed to protect you throughout the legal process.
What are the common defenses to criminal charges in North Dakota?
In North Dakota, common defenses to criminal charges include:
Alibi: This entails demonstrating that the defendant was elsewhere when the crime occurred.
Self-Defense: Your criminal defense attorney will argue that actions were necessary to protect yourself or others from harm.
Insanity: This defense involves claiming the defendant was unable to understand the nature of the act due to mental illness.
Duress: Asserting the defendant was forced to commit the crime under threat of harm.
Entrapment: Arguing that law enforcement induced the defendant to commit a crime they wouldn’t have otherwise committed.
Mistake of Fact: This is where the defendant acted believing a fact that negates criminal intent.