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Posts tagged "Criminal Defense"

Minnesota, North Dakota DUI questions put before Supreme Court

Every state in America has laws that require individuals to submit to a blood-alcohol concentration testing in cases of suspected drunk driving. In most states, refusal to submit to a blood, breath or urine test will result in license revocation. But around a dozen states have gone so far as to make test refusal a crime in and of itself, including Minnesota and North Dakota.

A brief explanation of double jeopardy

Many aspects of criminal law are set up to protect those accused of crimes from receiving overly harsh or unfair sentences, as well as to protect innocent people from the same. As pointed out by Cornell University Law School’s Legal Information Institute, one of these aspects is an often-misunderstood Fifth Amendment clause called double jeopardy, which keeps a person from being prosecuted more than once for the same crime, in most instances.

Some aggressive driving behaviors may result in criminal charges

Many drivers in North Dakota may see such actions as speeding or swerving in and out of traffic to be normal driving behaviors. People are busy, and assertive driving can get someone where they need to go faster than those who take their time – or so they think. In reality, aggressive driving is not only dangerous, but may result in criminal penalties.

Children in the adult prison system: cruel and unusual?

The juvenile justice system exists to handle young people who commit crimes, most of the time with the goal of educating and rehabilitating youth so they can grow up without committing further crimes as adults. In some cases, as in especially violent crimes or homicide, underage children in North Dakota may find themselves facing adult charges. This means that instead of going through the juvenile court system, they will be tried as adults.

No-trespass order poses legal concerns for citizens' rights

Grand Forks residents typically have the right to visit and congregate on public property without fear of being questioned or harassed by law enforcement. There are instances, however, where authorities can raise concerns and/or prohibit citizens from setting foot on specific public property sites. It is largely up to law enforcement officers and other authorities to use discretion when determining whether and why someone should be issued a no-trespass order. Consequently, there are also times when the validity of such orders must be questioned for their constitutionality.

How can juror misconduct affect a criminal trial?

Be entitled to a fair and impartial criminal trial is a constitutional right that you are awarded as an American citizen. A huge part of being ensuring a fair trial is guaranteeing that all jurors abide by strict North Dakota state and federal judicial guidelines. In the event that a juror illegally obtains information about your case and/or other related topics during the course of your trial, it can have a profound impact on the ultimate outcome of your case.

Distracted driving death results in felony charges

Most North Dakota residents would have to admit to using their cell phone or other tech device while driving recently. Distracted driving is a major issue in the state and across the country, as more and more people are becoming increasingly dependent upon mobile devices. Cell phones are playing such a major role in accident incidents, in fact, that law enforcement agencies and prosecutors are cracking down on distracted driving offenders with especially severe penalties.

North Dakota man accused of stealing car and writing fake checks

Two weeks after a man attempted to cash a fake check for over $2,000 at Northland Financial, police in Bismarck, North Dakota, arrested him and his wife. Police said the 47-year-old man was using a stolen vehicle. They charged his wife with harboring a fugitive, and the couple was placed in the Burleigh County Detention Center.

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