Grand Forks Criminal Lawyer
Reichert & Armstrong Attorneys at Law

North Dakota Criminal Process

The criminal process can be complex and confusing. But it's important to understand your legal rights. The best way to be informed is to contact a Grand Forks North Dakota criminal attorney in your area as soon as possible. A criminal defense attorney will understand the law as it relates to the crime you've been charged with, and will be able to help you in making informed decisions as your case moves through the process.

Stop

You may be stopped for questioning by the Grand Forks police. A stop is not the same as an arrest because, although you may be detained, you aren't moved to a different location. During a stop the police officer may ask you questions, but you have the right to refuse to answer.

Search

Search Warrants

A search warrant authorizes the Grand Forks police to conduct a search of a specific place, such as your residence. In order for a warrant to be issued by a judge, "probable cause" is necessary.

Probable cause to search means that:

• It is more likely than not that the specific items to be searched for are connected with criminal activities
• Those items will be found in the place to be searched

Arrest

In order to be arrested in Grand Forks, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary.

After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are the right to remain silent and the right to have an lawyer. After your arrest, you aren't required to say anything else to police or investigators, until you have an lawyer present. You must be given the opportunity to contact an attorney.

Miranda Rule

Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins. Those rights are as follows:

• The right to remain silent
• The right to have an lawyer present during questioning
• The right to have an lawyer appointed if you are unable to afford one

Important to note is that Miranda rights do not have to be read until you are taken into custody. That means that you can be quesstioned by the police before being taken into custody, and anything you say at that point can be used against you later in court.

Trial

Many prosecutors will consider "plea agreements," although it's not legally required. If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.

Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by:

• Pleading guilty; or
• Choosing a bench trial (a trial in front of a judge only)
• If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.

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