Criminal Law

April 9, 2021

Is Marijuana Possession a Crime in North Dakota?

Many states are eliminating laws against marijuana possession but has North Dakota joined the wave?
March 26, 2021

Possible Criminal Penalties for Causing a Drunk Driving Crash

A careless night out on the town can cost a lot more than just the bar tab. The consequences of a DUI conviction vary based on the circumstances – including whether a crash occurred or the severity of the crash. Regardless of how destructive the collision was, expect to face […]
February 25, 2021

DUI/DWI Arrests Increase as Restrictions Ease Up

The COVID-19 lockdowns and limits on restaurant and bar openings and crowd size restrictions have had a positive effect on DUI/DWI arrests. Fewer people out, fewer arrests. But as these restrictions are easing up, it’s important to keep in mind the tragic and deadly consequences that can result from drunk […]
January 25, 2021

How a Domestic Violence Conviction Can Impact Your Life

Domestic violence is a serious criminal allegation that can impact your life in many ways. Even if you’re only convicted of a misdemeanor offense, it can still carry life-altering ramifications that derail the entire course of your future. These ramifications include where you live, where you can travel, career opportunities, […]
November 6, 2020
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Your Child Has Been Charged with a Felony. What Should You Do?

Your child has been charged with a felony. We know this is a scary, uncertain time. There are many emotions flying around, and it may be unclear what you should do. Even as a juvenile, this event will affect the rest of their life. If your child was recently charged […]
November 4, 2020
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Can You Get Off the Sex Offender Registry?

Sex offender registry began in North Dakota in 1991, and legislators have routinely updated the related statutes since then. Generally speaking, if you are convicted of or plead guilty to certain sex-related crimes, the law will require you to register as a sex offender with the state. You will need […]
October 21, 2020
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Are There Defenses to DUI Charges?

Getting arrested for drunk driving is a stressful experience. Especially if you had been drinking prior to your arrest, it can feel like there is no way you can fight the charges against you. After all, how can you argue with the results of a breathalyzer or a police report […]
September 29, 2020
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Are All Felonies Serious?

Criminal charges in North Dakota are divided into two categories: misdemeanors and felonies. Felony charges are more serious than misdemeanors, but are all felony allegations serious matters? Is it important to have a criminal defense attorney, even if your felony charges seem relatively minor? The answer to both of these […]
September 17, 2020
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Can You Call a Lawyer Before You’ve Been Charged? 📱🤷‍♂️🤷‍♀️

Many people assume that the time to call a criminal defense attorney is after a prosecutor issues criminal charges against you. However, many people can benefit greatly from calling the right attorney before they have been formally charged. The following are some examples of when this might be the case.  […]
September 1, 2020
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How a Minor Drug Charge Can Have a Major Impact on Your Future

A first offense of simple possession of a controlled substance is a misdemeanor charge in North Dakota. If convicted, you will likely face fines and probation. While jail time is possible, first-time offenders are often able to avoid extended time behind bars with the help of an experienced criminal defense […]
August 11, 2020
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Possible Penalties for Fraud Crimes

Fraud crimes are offenses that involve using false information or other deception to wrongfully obtain money or property that belongs to someone else. Under North Dakota law, fraud is charged under the umbrella of theft, though the authorities often take fraud crimes more seriously than shoplifting or other physical acts […]
July 28, 2020
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Will You Have to Pay Bail? 💵

Some people who get arrested and accused of crimes are sent home with a court summons, which is called being released on your own recognizance. Others will have to wait in jail while their case is pending. Some people might only be released if they post bond – also commonly […]
July 21, 2020
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Plea Bargain FAQ

Criminal cases can be resolved in different ways, such as having the charges dropped pretrial, an acquittal or conviction at trial, or a guilty plea. Many defendants assume that if they committed the offense, their only option is to plead guilty right out of the gate. This is not the […]
July 1, 2020
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What to Expect in Your Criminal Case

If you are arrested and charged with a crime, it is normal not to know what to expect to happen. Even if you have had experience with the criminal justice system in the past, each case is unique, and two different cases can take two different paths. The best way […]
June 9, 2020
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What to Do After an Arrest

Getting arrested can be a frightening experience for anyone. Not only can you be taken into custody and handcuffed on the spot, but you might be uncertain about what the future holds. Most concerningly, you might not know what to say or do to best protect your rights in a […]
April 1, 2020
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Is Driving With a Suspended License a Serious Charge?

Your driver’s license might be suspended in North Dakota for a variety of reasons. If this happens, losing your driving privileges can be highly inconvenient or even costly, as you might have trouble getting to work and other obligations. Some people decide to drive anyway, assuming that they will not […]
March 6, 2020
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Think You Can Refuse a DUI Test in Minnesota? Think Again.

There are many state-by-state differences when it comes to DUI laws. Did you know that refusing a DUI test in Minnesota can cost you your drivers license? The attorneys at O’Keeffe O’Brien Lyson Foss are here to help you understand the details of Minnesota DUI laws. Minnesota Has an Implied […]
March 4, 2020
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Attorneys Demand North Dakota Catholic Dioceses End Cover-up of Clergy Abuse and Release Files

At a news conference Wednesday, March 4, Fargo attorneys Tim O’Keeffe, Tatum O’Brien, and Waite Parke, MN attorney Mike Bryant released an 80-page document detailing church assignment history for 53 clergy who have substantiated allegations of sexual abuse of a minor, along with other diocese staff assignment information.  The attorneys […]
February 26, 2020
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Should You Take a Plea Deal?

In every case in the United States criminal justice system, defendants are presumed innocent until proven guilty. Just because you are arrested does not mean you will be convicted of a crime. There are two different ways you can be convicted – a jury or judge finds you guilty at […]
February 8, 2020
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The North Dakota 24/7 Sobriety Program Explained

If you didn’t know, the 24/7 Sobriety Program is a statewide program that provides an alternative to jail time for those charged with or convicted of drunk driving or other alcohol related offenses. It was based on a similar program that was developed in South Dakota and was fully implemented […]
January 24, 2020
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Top Seven Reasons to Hire an Attorney for a Misdemeanor

Being charged with a misdemeanor can be overwhelming and nerve-racking. You could be looking at the loss of a job, a new (or addition to your) criminal record, jail time, and/or a fine. Just because a misdemeanor doesn’t have the same level of consequences as a felony doesn’t mean you […]
January 7, 2020
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Want to Keep Your License After a DUI? Here’s How.

If you are charged with driving under the influence (DUI) of alcohol or drugs in Fargo, you are likely worried about fines, possible jail time, and the other ways a possible conviction can affect your life. One major way a DUI case can make things difficult is the suspension of […]
December 31, 2019
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If You’re a Professional, a DUI is an Extremely Serious Matter

Many people know someone who has had a conviction of driving under the influence (DUI) of alcohol, so such a conviction might not seem like a big deal. However, DUI charges are always serious matters, and they are particularly serious if you are on a professional career path. In addition […]
December 5, 2019
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What Happens if I Ignore a Cease & Desist Letter? ✉️ 🚫

A cease and desist letter, also known as a demand letter, is a written communication that demands that the recipient cease and desist from actions that interfere with the sender’s legal rights or ownership. Cease and desist letters are not typically legally binding, but often threaten litigation if the alleged […]
November 26, 2019
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What do Medical Malpractice Caps Mean for Victims?

Medical malpractice suits are extremely complex. Oftentimes, even if a victim ‘wins’ their case, they run into medical malpractice caps that limit their compensation. Read on to learn all about medical malpractice caps, and what this means for the victims of medical negligence. What are Medical Malpractice Caps? Medical malpractice […]
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