Legal Question in Criminal Law in North Dakota

Internet solicitation of a minor for sex

A family member has been arrested in montana in a sting operation from North Dakota for soliciting a minor for sex.

He is being held in a county jail awaiting arraignment and extradition. Can you please tell me what his rights are and what may happen to him. If he is convicted, will he have to register as a sex offender? He states he did not know it was a minor but I am not sure thats true. Thank you

Asked on 8/17/03, 11:19 pm

1 Answer from Attorneys

Mark Sullivan Mark R. Sullivan - Attorney at Law
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Re: Internet solicitation of a minor for sex

I am only licensed in Montana and cannot tell you what, if anything, will happen in North Dakota. In Montana, he will be asked whether or not he wants to waive extradition and the matter will be set for an extradition hearing within 30 days if he does not waive. At that hearing, the State will inform the Court if North Dakota is pursuing a governor's warrant. If they are, the State will be granted an additional 60 days to obtain the warrant. It has been my experience that the warrant always comes sooner than 60 days. At that time, an extraditon order will be signed and he will be transported to North Dakota to answer the charge(s). He could post bond in Montans and answer the charge(s) in North Dakota while not in custody, but he would have to appear in short order. If he did not appear, it is likely additional charges would follow. Good Luck!

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8/18/03, 4:57 pm

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