Top 5 Mistakes to Avoid After a Criminal Arrest in North Dakota
- Heartland
- Aug 4
- 3 min read
Being arrested in North Dakota can be overwhelming—whether it happens in Bismarck, Minot, or a small town in between. In those first moments, your decisions matter. One wrong move could impact your entire case. If you or someone you love has just gone through a criminal arrest in North Dakota, here are the top 5 mistakes to avoid to give yourself the best chance at a strong legal defense.
Mistake #1: Talking to Police Without a Lawyer
It’s human nature to want to explain yourself—especially if you feel misunderstood or wrongly accused. But after an arrest, anything you say can and will be used against you.
Why this is a problem:
Police are trained to gather evidence, not help your case.
Even innocent people accidentally say things that hurt their defense.
Waiving your right to remain silent often does more harm than good.
What to do instead:
Politely say, “I’m invoking my right to remain silent and I want an attorney.” That’s it. Once you’ve said this, law enforcement is legally required to stop questioning you.
Mistake #2: Not Understanding the Charges
Many people leave jail confused about what they’ve been charged with—whether it’s a misdemeanor or felony, or if it’s a state or tribal offense. Don’t wait to “figure it out later.”
Why this is a problem:
You might miss important deadlines or court appearances.
Felonies have drastically different consequences than misdemeanors.
Misunderstanding the charges could lead to unintentional violations of release terms.
What to do instead:
Review your criminal complaint and bail documents carefully with your attorney. In North Dakota, your charges may be filed under the North Dakota Century Code, which your attorney can interpret for you.
Mistake #3: Posting on Social Media
After an arrest, it’s tempting to share your side of the story, especially if rumors are swirling. But venting on Facebook or Snapchat can be a huge mistake.
Why this is a problem:
Prosecutors may use your posts as evidence against you.
Deleted posts are never really gone—they can be subpoenaed.
Jokes, memes, or emotional reactions can be taken out of context.
What to do instead:
Stay silent on social media until your case is resolved. Tell your friends and family not to post about your situation either. Let your lawyer handle the narrative.
Mistake #4: Missing Court or Ignoring Bond Conditions
Whether you were released on your own recognizance or posted bail, you likely received a list of conditions. Ignoring these—even by accident—can result in more charges or jail time.
Why this is a problem:
Missing a court date can trigger a bench warrant.
Violating bond conditions (like drug testing or curfew) undermines your credibility.
You may lose the chance to negotiate a favorable plea deal.
What to do instead:
Mark every court date on your calendar and double-check your bond paperwork. If something comes up, call your attorney right away to discuss options with the court.
** Pro Tip: Check with the local court system, such as Burleigh County District Court or Ward County District Court, for court date confirmation.
Mistake #5: Waiting Too Long to Hire a Criminal Defense Attorney
Time is critical after an arrest. Evidence can disappear. Witness memories fade. The prosecution starts building their case immediately—so should you.
Why this is a problem:
The earlier your attorney gets involved, the better they can protect your rights.
Delays may limit your legal defense options or plea negotiation strategies.
Public defenders are often overloaded and may not have the time your case needs.
What to do instead:
Contact an experienced criminal defense attorney as soon as possible. At Heartland Law Office, we represent clients across North Dakota—from Fargo to Dickinson—fighting for reduced charges, dismissed cases, or acquittals where possible.
Final Thoughts: Protect Your Future after a criminal arrest in North Dakota
A criminal arrest in North Dakota doesn’t mean you’re guilty. But what you do immediately afterward can make all the difference. Avoiding these five mistakes could be the key to walking away with your freedom and future intact.
At Heartland Law Office, we guide clients through the chaos of criminal charges every day. We know how prosecutors operate in Bismarck, Minot, Williston, and tribal courts across the state—and we’re ready to fight for you.
Schedule Your Free Criminal Consultation Today
If you've been arrested in North Dakota, call 701-JUSTICE or contact us online to protect your rights and build a strong defense.
This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.
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