Criminal Law

January 5, 2018
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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 […]
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November 2, 2017
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Knowingly Damaging a Public Safety Motor Vehicle in Minnesota

On August 1, 2017, several new laws became effective in the state of Minnesota. Some of these new laws relate to cases involving damage to public safety vehicles. It is important for individuals in Minnesota who have been charged with such an offense to understand some of the essential details […]
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October 26, 2017
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New Minnesota Law Makes Impersonating Military Members a Misdemeanor

The penalties for individuals who impersonate law enforcement officers are now much tougher in the state of Minnesota due to a new law. Groups responsible for gathering statistics have decided the current number of individuals who impersonate military members to be an epidemic. There are several reasons why individuals choose […]
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September 25, 2017
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Concealed Carry Reporting Requirements Eased for Churches

Those who have followed the activities of North Dakota’s Legislature likely already know that the 2017 legislative session was very busy. The Legislature presented Governor Doug Burgum with over 400 bills to enact into law, and many of these bills went into effect on August 1, 2017. Gun owners in […]
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September 19, 2017
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Drug Offenders Get a Break Thanks to Legislative Efforts

The 2017 North Dakota legislative session was certainly busy, with the Republican-controlled Legislature sending hundreds of bills to the desk of Governor Doug Burgum. While some of these laws expanded on freedoms already included in constitutional provisions (such as laws making it easier for adults to carry a concealed firearm […]
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September 15, 2017
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North Dakota Governor Signs Hundreds of Bills into Law

The North Dakota Legislature recently presented hundreds of bills to Governor Doug Burgum. 439 bills were signed into the law by the governor, with a significant number of these bills going into effect on August 1st of this year. With such a great number of bills going into effect and […]
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July 25, 2017
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The Defense of Duress: When the Pressure Gets To Be Too Much

Defending oneself against criminal charges in North Dakota and Minnesota involves not only examining the evidence the prosecution intends to rely upon to establish your guilt for any weaknesses and/or contradictions, but also investigating whether any affirmative defenses may be available to you. Even though a successful affirmative defense results […]
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July 19, 2017
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Your Right to Remain Silent: Should You Testify or Not?

In a criminal proceeding, one of the most important decisions that must be made – and a decision in which you have the final say – is whether you will take the stand and testify in your defense. This is a decision that may carry significant benefits as well as […]
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July 17, 2017

Five Criminal Law Terms You Should Know

For those who are not familiar with criminal proceedings in North Dakota and Minnesota, being charged with a crime and running through the criminal justice process can be a new and terrifying experience. Part of what makes this experience so nerve-wracking is the use of terms and phrases with which […]
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July 5, 2017

What is an Alibi and How Does it Work?

In a significant number of criminal cases filed in North Dakota, the defense strategy is rather simple: Attack the sufficiency and/or credibility of the prosecution’s witnesses and evidence. In other words, defendants who adopt this defense strategy do not provide an alternate narrative or story of their own, but simply […]
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May 19, 2017

Liability for Drinking Mistakes of Your Guests

Summer is right around the corner, and with it come warm days, long nights, and endless parties, get-togethers, and other social activities. It is only natural that when adults gather together in order to celebrate a holiday (or simply the end of a long and tiring week), alcohol may be […]
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May 17, 2017

Andrew’s Law Passes: Now What Does It Mean?

Ever since their son was  killed in 2014, Tammy and John Sadek have been dedicated to helping ensure the tragedy that claimed the life of their son does not occur to any other family in North Dakota. In 2014, their son Andrew was working with law enforcement as a confidential […]
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May 10, 2017

The Police Want to Talk to Me: What are My Rights?

You are enjoying a peaceful evening at home when there is a sudden and unexpected knock at your door. There, standing on your front steps are two officers from your local police department. They indicate that they have a few questions for you and wonder if you would be willing […]
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April 14, 2017

Will I Go to Jail for My Charges?

When you are charged with a criminal offense in North Dakota or Minnesota, you likely want one question answered: “Will I go to jail?” It is completely reasonable and understandable that you would be concerned about the likelihood of imprisonment because keeping your job, providing for your family, and being […]
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January 4, 2017

ND Ranks Second Highest in Hate Crimes in U.S. Per Capita

North Dakota may have a reputation for being nice, but the state ranks second in the nation for reported hate crimes per capita, according to Forum analysis of 2015 FBI statistics released recently. Thirty-six hate crimes were reported to North Dakota police departments in 2015, or 4.8 crimes per 100,000 […]
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January 2, 2017

Marsy’s Law: What it Means for North Dakota

Marsy’s Law is not a law at all, but is actually part of the North Dakota Constitution as of December 8, 2016.  North Dakota’s voters approved a new constitutional amendment about victims’ rights called Marsy’s Law.  Despite opposition from attorneys, state officials, and other groups, Marsy’s Law passed with 62% […]
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December 27, 2016

Medical Marijuana Law in North Dakota

North Dakota recently joined many other states in approving marijuana for medical use.  The ballot measure passed with 64% of the statewide vote, indicating a majority of North Dakotans favor the use of marijuana to treat certain medical conditions.  The statute only allows for medical use, and does not allow […]
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December 21, 2016

Felons Still Denied Voting Rights in Minnesota

Despite a push to change state law, Minnesotans who were on probation, parole, or serving time in prison due to a felony conviction weren’t able to vote in this year’s general election. Unlike in North Dakota, where the law gives voting rights to people on felony probation and parole but […]
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December 15, 2016

Supreme Court Finds that Warrantless Blood Tests Violate U.S. Constitution

All 50 states have enacted “implied consent laws,” which essentially mean that by driving on the state’s roads, drivers are deemed to have consented to testing if they are suspected of drunk driving.  Twelve states, including North Dakota and Minnesota, impose criminal penalties on suspected drunk drivers who refuse to […]
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December 13, 2016

Limited Campus Police Jurisdiction: What it Means

For many years the North Dakota State University Campus Police and the Fargo Police Department operated under a Memorandum of Understanding, which essentially granted NDSU Police to patrol and make arrests anywhere within the City of Fargo. Several universities and municipalities, including UND and the Grand Forks Police Department, used […]
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