Criminal Law

Dependent upon North Dakota Secretary of State approval, a group of supporters have until July 11 to gather the 13,452 signatures needed to get a measure legalizing marijuana for recreational use on the statewide ballot in November. Supporters of legalization say that should the measure pass, North Dakota would be […]

Medical marijuana use is now permitted in 23 states, and Alaska, Colorado, Oregon, Washington, and the District of Columbia also permit recreational use. In a Pew Research Center survey conducted in March 2015, 53 percent of Americans said they believe marijuana should be legal, while 44 percent said it should […]

Minnesota citizens may be interested in some of the new laws that became effective on January 1: Which Comes First, Car Insurance or Vehicle Registration? Under the provisions of a new Minnesota law, from now on motorists who want to register a vehicle in the state will first have to […]

With new laws regarding marijuana usage discussed frequently in the news, it can feel unclear what the laws are regarding the possession and usage of marijuana in North Dakota and Minnesota. With medicinal legalization in Minnesota, knowing these differences is more important than ever. North Dakota Possession of marijuana in […]

The Minnesota Legislature has had enough of high blood alcohol DWI charges and is amending the law this August. DWI laws are toughening up and making it easier for severely-impaired drunk drivers to be charged with gross misdemeanor level offenses. New DWI/DUI Law Changes Currently, drunk drivers charged with a […]

Police Are Wearing Body Cameras. What is North Dakota’s Stance on the Trend? A recent trend has emerged on the criminal justice scene; police are wearing body cameras. In fact, you may have even seen police wearing them recently in the cities of Devils Lake and Grand Forks. Increased use […]

Most states, including North Dakota and Minnesota, do not consider the act of being intoxicated in public, in and of itself, a crime. However, many cities and states have enacted laws that make it a crime to be disruptive in public while intoxicated. The way these laws are written, however, […]

Laws and penalties surrounding driving under the influence are hot topics in North Dakota during the past few months. Some questions about penalties for refusing to submit to a chemical test have come up again based on a new ND Supreme Court ruling. Read more to see where North Dakota […]

The North Dakota legislature has made some immediate changes to North Dakota DUI law that directly impact the 24/7 sobriety program and drug court. Keep reading to learn more about the latest updates. DUI Drug Court Changes With the new amendments, a person with multiple previous DUI convictions can reduce […]

When it comes to getting a DUI, there are more penalties with the more convictions you receive. DUI laws differ from state to state and depending on the level of offense, the severity of the penalties can range from a one-time $500 fine to mandatory prison time. License Suspension/Revocation The […]

If you weren’t aware that you could be arrested for DUI for driving motor vehicles other than the obvious car, truck or SUV, you likely do now. In recent news, a North Dakota man was arrested during a girls’ high school hockey game on suspicion of driving a Zamboni under […]

Domestic violence is a serious issue which is widely known to cause physical injuries, broken families, and damaged relationships. As the years have progressed, society’s views on the crime have begun to change and many laws and charges are now reflecting the shift. Here are some of the impacts of […]

If you haven’t already heard, a bill in the North Dakota Legislature, if passed as introduced,  would prohibit the use of sobriety checkpoints. This is a Republican-sponsored measure that would not allow law enforcement to perform a traffic stop without “reasonable suspicion” of a violation. While some say the sobriety […]

Social media sites are on the rise in popularity, especially with early teens and young adults. With billions of updates being posted every day, it can be difficult to manage what you or your child puts out into cyberspace. But did you know you can be held responsible for what […]

North Dakota Supreme Court has found that a recent North Dakota law stating that refusing to take a chemical breath test after being pulled over by police on suspicion of driving under the influence can land you in jail.  “Under the new law, a refusal carries the same legal weight […]

Wrongful death cases arise when the death of a loved one is due to the negligent, reckless, or intentional actions of someone else. The purpose of wrongful death cases are to determine the amount of damages the surviving family members should collect because of the death of their loved one. […]

In the last month, the North Dakota Supreme Court heard arguments related to the North Dakota Legislature’s 2013 decision to criminalize the refusal to take a chemical sobriety test in suspicion of drunk driving cases. Currently in North Dakota, the refusal to take a sobriety test is grounds for a […]

Following the tragic death of Thomas Bearson, an 18-year-old freshman attending NDSU, some Fargo-Moorhead residents find themselves concerned about their safety in this typically low-crime community. The FM Metro is a safe community, but even in the safest of communities, dangerous situations can occur. Our team at O’Keeffe O’Brien Lyson […]

The Supreme Court of South Dakota recently handed down a unanimous decision stating that either a warrant or consent is needed in order to take a blood sample from a suspected drunk driver. With a woman in the case, who refused to take the test argued to the State Supreme […]

When serving jail time, it is important to stay in contact with your attorney. The conversations should be open and honest in order for your attorney to best represent you. But how can you keep the line of communication between you and your lawyer open when the lines are being […]

A long and lazy summer afternoon by the pool with drinks and friends can be just what you need to unwind and recharge. A pool day turns into a barbeque with beers and laughs all around. You begin to feel a bit tired and decide it’s time to head home […]

In a recent Supreme Court ruling, police are now required to obtain a search warrant in order to search a suspect’s cell phone. Moving in favor of privacy rights, the decision came unanimously and went against other agencies, such as the U.S. Department of Justice, who favored having more search […]

You may have been at a bar where you have seen someone very intoxicated leave. What if they get in a car to drive home and cause an accident? When something tragic such as this happens, who is to blame? This varies by state, but we’ve broken down some of the […]

The attorneys at O’Keeffe O’Brien Lyson Foss are always trying to be aware of potential changes in our legal system. Lately, there has been an increase in conversations surrounding DUI laws nationwide. A developing society and a need for stricter laws regarding driving under the influence has caused a shift […]