Criminal Law | O'Keeffe O'Brien Lyson Attorneys - Part 4

Criminal Law

March 6, 2019

Firearms Offenses in North Dakota

While the Constitution of North Dakota considers bearing arms to be an inalienable right, the law does not allow everyone to possess firearms or to use firearms in any manner they wish. In fact, the Constitution specifies you have a right to have firearms for “lawful purposes,” and other state […]
February 26, 2019

Get Back What Is Yours (And Possibly Recover Your Attorney’s Fees While You’re At It)

Have you ever had someone take something from you without your permission and that person either never returned it or when it was returned it was damaged or worse for wear? Maybe an acquaintance took money from your secret stash and you can prove it. Or maybe a buddy “borrowed” […]
February 20, 2019

How a DUI Can Affect Your Life

Getting arrested for driving under the influence(DUI) is always a stressful experience. If you then face criminal charges, you may be concerned about the court-imposed penalties if you’re convicted, which can be serious. However, many people fail to realize that a DUI conviction can have long-lasting consequences that persist well […]
February 14, 2019

Who can Face Charges of Domestic Violence?

Traditionally, you may think of domestic violence occurring only through physical assault between couples.  However, the law provides for a much broader definition of domestic violence. First, the statutory definition of domestic violence in North Dakota includes: physical harm, bodily injury, sexual activity compelled by physical force, assault, or the […]
February 12, 2019

How is Bail Established?

Bail is defined as “the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.”  If you have been arrested and held in custody, a judge may allow for your release, contingent upon certain conditions like […]
February 6, 2019

New Minnesota DWI Law Takes ATV

On August 1, 2018, Minnesota had a new law in effect which creates stricter consequences for individuals who have driven while intoxicated, regardless of what type of vehicle they were driving.  In addition to the criminal penalties associated with a DWI, there are also administrative sanctions resulting in driver’s license […]
December 28, 2018

The Consequences for Drug Charges in North Dakota

Hardly a day passes without the evening news or the local paper mentioning drugs and drug charges. While the frequency of these charges has increased recently, the consequences have remained rigid. North Dakota State Law According to North Dakota state law, it is a class C felony to possess the […]
December 7, 2018

Establishing the Value of Your Case

Before pursuing litigation, it is important to consider the value of your case.  An accurate assessment of your case’s value, meaning how much you stand to gain if you are successful, is crucial to making important decisions at each step of the litigation process. How to calculate the value of […]
November 26, 2018

So You’ve Been Arrested on Solicitation Charges – What Now?

What is solicitation? If you try to seek the services of a prostitute, you may be arrested for solicitation.  Criminal solicitation may also apply to other crimes, but it is commonly referred to in relation to soliciting a prostitute.  Solicitation generally refers to hiring, offering, or agreeing to hire an […]
November 14, 2018

Tips on What to Do When Arrested on an Open Warrant

What is an open warrant? An open warrant means a judge has authorized law enforcement to arrest an individual at any time.  Essentially, if you have an open warrant for your arrest, your next interaction with law enforcement may end in your arrest and detainer.  For example, you never showed […]
October 31, 2018

Police Body Cams in the Future

Many law enforcement agencies are now utilizing body cameras for their officers.  Although now commonly used, body cameras are still a somewhat controversial topic.  Body cameras can serve as effective tools for both law enforcement and individuals by providing an accurate recording of interactions between the public and the police.  […]
September 27, 2018

When is a Warrant Required to Search Your Home?

“When it comes to the Fourth Amendment, the home is first among equals.”  Your right to privacy without unreasonable government intrusion is at its strongest in your home.  Police officers almost always need a warrant to search a home.  There are few exceptions to this requirement, like consent or emergency, […]
September 25, 2018

What You Should Know About Judgments from Litigation Settlements

What is a settlement? A litigation settlement is a decision between the parties to end a dispute before trial.  A settlement may be reached after only a few conversations between attorneys, or it may happen a few hours before trial ends.  Oftentimes, a settlement is a preferable outcome to litigation […]
September 3, 2018

Drug Possession Versus Intent to Distribute

If you are found with drugs, there are several crimes with which you may be charged.  The crimes of drug possession and intent to distribute are two different crimes with different levels of punishment.  Depending on the drug, the level of offense and punishment can vary significantly.  Generally, the crime […]
July 27, 2018

How to Handle Probation Violations

When a court finds you guilty of criminal charges, it is often a relief to hear that your sentence includes only probation instead of jail time. People who have been sentenced to probation are often unpleasantly surprised, however, when they realize how many restrictions they must actually endure. Of course, […]
April 3, 2018

Is Sexting Illegal?

Sexting has become very popular amongst teenagers in recent years since so many now have smartphones. Some teenagers think that sending sexually explicit photos of themselves to others is harmless, while others seem to be pressured into doing so by their peer group. Sexting, however, can result in some very […]
February 16, 2018

The Necessity Defense

A judge in Minnesota recently recognized a rarely used legal defense by allowing climate activists to use the necessity defense. These three activists were arrested and charged with felonies in 2016 after shutting down an overland pipeline. The activists argued that the pipeline company violated the law to protect citizens […]
January 31, 2018

100 Pounds of Marijuana Results in Drug Trafficking Arrests

In Windom, Minnesota, an effort between several law enforcement agencies to confiscate approximately 100 pounds of marijuana resulted in two drug-related arrests. The arrest occurred when a Minnesota state law enforcement officer was informed by the Worthington Police Department of two vehicles with California license plates that were believed to […]
January 17, 2018

Criminal Vehicular Homicide in Minnesota

In October of 2016, a motor vehicle operator drifted into the opposing lane of traffic of County Road 3 near Kilkenny, Minnesota and was involved in a head-on crash with a motorcyclist. The police report written at the scene reported that the motor vehicle operator had a blood alcohol concentration […]
January 5, 2018

Increase of Synthetic Drug Seizures in Minnesota

In 2017, there were a record number of synthetic drugs seized in Minnesota. This forced law enforcement agencies in the state to create a number of new procedures regarding how drug cases are handled. These laws have redefined the ways in which law enforcement officers in the state of Minnesota […]