In the real world, the criminal law arena is just as interesting as it is on television-think “Law and Order”. Similarly, we live in a world where the law is a blunt instrument, and it’s incumbent upon prosecutors to wield that instrument in a judicious manner. Case law in North Dakota grants vast discretion to…

So a younger criminal defense attorney walks in my office and the following colloquy occurs: Lukacris (pseudonym: think red devil on Tim Matheson’s shoulder in Animal House): “Where do your clients come from?” Atticus (pseudonym: think Atticus Finch in To kill a Mockingbird): “They walk through the same door you just came in!” Lukacris: “How…

Many of you are aware that it is illegal to drink and drive a motor vehicle. But did you know that you can also be held criminally liable for operating (pedaling) a bicycle while you are under the influence of alcohol in North Dakota? Yes, a bicycle, as in that old Huffy you occasionally take…

There is no shortage of news stories and warnings dedicated to cautioning parents about the risks of juveniles using a cell phone and/or social media. Warnings are good, but information is even better. The intersection between technology and the law is a moving target. Technology evolves and the law does its best to “catch up.”…