North Dakota Criminal Defense Attorneys

At DearLegal, we connect you with experienced North Dakota criminal defense attorneys who navigate the Class A-C felony grading system, habitual offender enhancements, pretrial diversion options, and North Dakota’s limited expungement framework. Whether your case is in Cass (Fargo), Burleigh (Bismarck), Grand Forks, Ward (Minot), Stark (Dickinson), or anywhere across North Dakota’s 53 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. North Dakota Highway Patrol, BCI, sheriffs, and city police use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and N.D. Const. Art. I, § 12 right against self-incrimination.

Yes. North Dakota Class A misdemeanors carry up to 360 days jail and $3,000 fines under N.D.C.C. § 12.1-32-01. Pretrial Diversion through state’s attorney offices can result in dismissal. DV and DUI convictions trigger major collateral consequences.

State cases go through North Dakota District Court. Federal cases go to U.S. District Court for the District of North Dakota (Bismarck, Fargo, Grand Forks, Minot) under the U.S. Sentencing Guidelines. Federal cases commonly involve I-94 drug trafficking, Indian Country offenses on Standing Rock, Spirit Lake, Turtle Mountain, and Fort Berthold reservations (Major Crimes Act), § 922(g) firearm cases, and federal fraud.

North Dakota plea agreements under N.D.R. Crim. P. 11 are negotiated between the State’s Attorney and defense. Pleas can include charge reductions, Pretrial Diversion, drug court entry, deferred imposition of sentence (N.D.C.C. § 12.1-32-02), and stipulated sentence recommendations.

North Dakota record relief is narrower than in many states. Sealing under N.D.C.C. § 12.1-32-07.2 (2019 expansion) covers certain offenses after waiting periods (typically 3-10 years depending on offense). Non-conviction records can be relieved more readily. Pardons through the Pardon Advisory Board are another (rare) pathway.

North Dakota handles juveniles under 18 in juvenile court under N.D.C.C. § 27-20.4-01 et seq. Juvenile records are confidential and sealable. Transfer to adult court for juveniles 14+ for serious felonies under § 27-20.4-17.

North Dakota DUI under N.D.C.C. § 39-08-01 uses .08 BAC (.04 commercial, .02 under-21). Implied consent under § 39-20-01 — refusal triggers 180-day administrative license suspension first refusal. Mandatory IID for repeat offenders. Fourth DUI in 15 years is a Class C felony.

Why Do You Need a Criminal Defense Attorney in North Dakota?

North Dakota grades felonies as Class AA (life or up to life), Class A (up to 20 years), Class B (up to 10), Class C (up to 5) under N.D.C.C. § 12.1-32-01. Murder (N.D.C.C. § 12.1-16-01) is Class AA — North Dakota abolished the death penalty in 1973, so the maximum is life imprisonment. North Dakota has habitual offender enhancements under N.D.C.C. § 12.1-32-09 — special dangerous offender status increases maximums significantly. North Dakota legalized medical marijuana in 2016 but recreational remains illegal (recreational marijuana initiatives have failed at the polls). Marijuana possession under 1 lb is a Class B misdemeanor; over 1 lb felony. Other controlled substances under N.D.C.C. § 19-03.1. North Dakota’s expungement statute under N.D.C.C. § 12-60.1-01 et seq. and § 12.1-32-07.2 is narrower than many states — Sealing of Records statute (effective 2019) allows sealing of certain offenses after waiting periods. Pretrial Diversion through state’s attorney offices can result in dismissal. North Dakota state’s attorneys plea-bargain extensively, and Cass County (Fargo) and Burleigh County (Bismarck) handle the largest dockets.

When Do You Need a Criminal Defense Attorney in North Dakota?

Our network includes North Dakota criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in North Dakota

From the moment you connect with a North Dakota criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to NDHP, BCI, sheriffs, or any North Dakota officer without an attorney

Consenting to a search of your car, home, or phone

Missing a North Dakota court date — bench warrants and bond forfeiture follow

Posting about the case on social media — state’s attorneys subpoena platforms

Deleting messages or photos from your phone — Tampering with Physical Evidence (N.D.C.C. § 12.1-09-03) is a Class C felony

Accepting the state’s attorney’s first plea offer without exploring Pretrial Diversion, drug court, deferred imposition, or charge reduction

Talking to NDHP, BCI, sheriffs, or any North Dakota officer without an attorney

Consenting to a search of your car, home, or phone

Missing a North Dakota court date — bench warrants and bond forfeiture follow

Posting about the case on social media — state’s attorneys subpoena platforms

Deleting messages or photos from your phone — Tampering with Physical Evidence (N.D.C.C. § 12.1-09-03) is a Class C felony

Accepting the state’s attorney’s first plea offer without exploring Pretrial Diversion, drug court, deferred imposition, or charge reduction

Common North Dakota Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do North Dakota Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in North Dakota work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under N.D. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The North Dakota Commission on Legal Counsel for Indigents represents indigent defendants statewide.

What Can Your North Dakota Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss, speedy trial under N.D.R. Crim. P. 48 / N.D.C.C. § 29-19-02 (90-day rule from arraignment), or state’s attorney motion to dismiss.

Charge Reduction

Reduction from felony to misdemeanor, from higher class to lower, removal of habitual offender or firearm enhancement allegations.

Pretrial Diversion / Deferred Imposition

Pretrial Diversion through state’s attorney offices — completion = dismissal. Deferred imposition of sentence under N.D.C.C. § 12.1-32-02 — court defers judgment pending probation completion, then dismisses. Drug court, mental health court available.

Plea Agreement

Negotiated resolution under N.D.R. Crim. P. 11. Includes charge reductions, dismissed counts, recommended sentences, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by North Dakota jury or judge. North Dakota criminal juries are 12 for Class AA, A, B felonies, 6 for Class C felonies and misdemeanors, and must be unanimous (N.D. Const. Art. I, § 13).

Post-Conviction Relief

North Dakota post-conviction relief under N.D.C.C. § 29-32.1-01 — 2-year filing window from finality. Includes IAC, newly discovered evidence, illegal sentence, constitutional violations.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

North Dakota Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in North Dakota?

When Do You Need a Criminal Defense Attorney in North Dakota?

Types of Criminal Defense Cases in North Dakota

Common North Dakota Criminal Defense Mistakes

How Much Do North Dakota Criminal Defense Attorneys Cost?

What Can Your North Dakota Criminal Defense Compensation Include?

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