What Are The Differences Between Federal And North Dakota Crimes?

Offenses that are considered as U.S. federal crimes are those acts that infringe on American laws and regulations. Conversely, all criminal acts that violate the laws of a state are regarded as state crimes. Some of the law enforcement bodies that are authorized to investigate and prosecute federal crimes are U.S. Secret Service, U.S. Immigration and Customs Enforcement (ICE), Internal Revenue Service (IRS), Federal Bureau of Investigation (FBI), U.S. Marshals Service, Drug Enforcement Administration (DEA), Department of Homeland Security (DHS), Securities and Exchange Commission (SEC), etc. Thus the charge to enforce US federal laws is given to only the national law enforcement bureaus. Some crimes involve different states, and as a result, the authority to enforce the federal laws go beyond the jurisdiction of any state. These crimes include bankruptcy, identity theft, white-collar offenses, weapon charges, drug trafficking, counterfeiting, hacking, email scams, animal cruelty, money laundering, bank robbery, crimes concerning federal properties & institutions, and more.

North Dakota state crime occurs when the state’slaws are violated. A few violations regarded as state crimes in North Dakota are family disputes, murder, assault, kidnapping, theft, manslaughter, rape, and many more. The agency charged with the recording, investigation, and prosecution of crimes in the State is the Bureau of Criminal Investigation.

How Does the North Dakota Court System Differ From the Federal Court System?

U.S. Federal district court judges are appointed by the President and confirmed by the senate. These judges serve for life but are still eligible for impeachment. North Dakota District Court justices carry-out court hearings concerned with the United States Codes. The district court justices also address suits regarding parties from different states in the country. When prosecuting a federal crime, the U.S. Attorney General has the authority to choose an assistant attorney. The 8th Circuit Court of Appeals handles all appellate issues from the State’s federal Court. The North Dakota Judicial System has three tiers of court which are:

• The Supreme Court
• The District Courts
• The Municipal Courts

The Supreme Court of North Dakota comprises five judges. Supreme Court judges are elected following a democratic election and they serve for 10 years. As the state’s highest court, The Supreme Court has the legislative power to appeal lower court rulings.

The North Dakota District courts have original and general jurisdiction over various civil and criminal cases. These courts also operate as the state’s juvenile courts and have judicial power over any minor suspected to be disorderly, mentally disturbed, or deprived. North Dakota municipal courts have been established in 90 cities in the State. At present, 75 local judges are sitting in those 90 civil courts. The justices have authority over all municipal code violations, except for crimes concerning juveniles. Infringements on state laws are outside the jurisdiction of the local courts.

How Many Federal Courts Are There In North Dakota?

In North Dakota, there are two federal courts: one district and an associated federal bankruptcy court. The Federal Court of Appeals for the Eighth Circuit in Missouri listens to all appeals from the two district courts in North Dakota. These district courts are:

• United States District Court District of North Dakota
• United States Bankruptcy Court District of North Dakota

1. The district court, with its headquarters located at the William L. Guy Federal Building in Bismarck, has other locations in Minot, Fargo, and Grand Forks.

Federal District Court (Bismarck)
William L. Guy Federal Building, U.S. Court
220 East Rosser Avenue #476
Bismarck North Dakota 58501—3869
Mail: U.S. District Courthouse P. O. Box 1193, Bismarck ND 58502–1193
Phone: (701) 530 2300

North Dakota Federal District Court (Minot)
Bruce M. Van Sickle, U.S Court
100 1st St. SW
Minot, North Dakota 58701—3846

North Dakota Federal District Court (Fargo)
Quentin N. Burdick, U.S Court
655 1st Avenue, North #130
Fargo, North Dakota 58102 - 4932
Phone: (701) 297 7000

North Dakota Federal District Court (Grand Forks)
Ronald N. Davies, U.S Court
102 N. 4th Street
Grand Forks, North Dakota 58203 - 3738

2. The only federal bankruptcy court in North Dakota is located in Fargo:

U.S. Bankruptcy District Court –North Dakota
Bankruptcy Clerk’s Office,
Quentin N. Burdick U.S Courthouse
655 1st Avenue North, Suite 210
Fargo, North Dakota 58102
Phone: (701)297–7100
Opening Hours: Mondays - Fridays (8:00 a.m to 4.30 p.m)

Are Federal Cases Public Records?

U.S. Federal case files are reports detailing the court proceedings on a particular trial. They comprise dockets sheets, court transcripts, litigations filed or reports issued by a judge, etc. The Freedom of Information Act (FOIA) gives citizens the authority to request court records, including records on federal cases. However, that authority has certain restrictions as not all national case files are available to the general public. Certain circumstances might cause a federal judge to seal off details on a specific case file.

Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the record holder(s), unless the said person(s) is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or the State that person resides or was accused in.

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.

How to Find Federal Court Records Online

Federal records in the U.S are maintained in a unified database known as PACER (Public Access to Court Electronic Records). Interested persons are required to sign up and login to be able to view and copy records of federal cases filed in North Dakota federal courts. PACER Case Locator is another viable tool with which requesters can search for court records.

How to Find Federal Court Records in North Dakota

Requesters can order for North Dakota federal district records from the National Archives in Denver located at:

Denver Federal Records Center
17101 Huron Street
Broomfield, CO 80023—8909
Main Phone: (303) 604 4760
Main Fax: (303) 604 4761

Alternatively, interested persons can obtain federal court records that are open from U.S. District Court Clerks. However, interested parties are advised to contact the office of the specific district court before making a request. Doing that will help them ascertain the availability of sought records.

Can Federal Crimes Be Dismissed In North Dakota?

The North Dakota federal district courts have the constitutional authority to dismiss a federal crime. A federal crime only gets dismissed after the court has begun the trial and the case has been prosecuted. After the dismissal of a federal court case, the Clerk of the District Court catalogues the case file under dead dockets. However, these cases can be reopened following the discovery of substantial evidence.

How Do I Clear My Federal Criminal Record?

An Individual’s federal criminal record may be dismissed by the U.S. Attorney General. The U.S attorney general’s Office is authorized to do that if the conviction resulted from government malpractice or violates the terms of the constitution. A person seeking to clear a federal criminal record may also petition the federal district judge’s Office. If the judge’s federal district court rule favors the individual, the documents will either be sealed or expunged.