Heartland Law Office, PC

10/09/2026

What does "prosecutorial discretion" actually mean?

In plain terms, a prosecutor has the authority to file charges when the evidence supports them. That same authority lets them file a lesser charge, file no charge at all, or negotiate a plea agreement.

But discretion isn't a free pass. As Patrick Waters puts it, if you choose a lesser charge or no charge, you'd better have a good reason, because you may have to explain it someday. It comes down to professional judgment, not charging every case out.

Full episode: https://www.youtube.com/watch?v=nTq24u7_jUo&t=335

General information only, not legal advice. If you're facing a criminal or family law matter, talk to a lawyer directly.

10/08/2026

What's does a prosecutor actually do?

Many people assume a prosecutor is a decision maker in county government. They're not.

A state's attorney's job is to represent the county. In court, that means prosecuting criminal cases, from traffic offenses to felonies, and representing the human service zone in juvenile cases. Outside of court, it means giving legal advice to the county commission. The commissioners make the decisions; the state's attorney doesn't get a vote.

Patrick Waters breaks it down on the latest Heartland Law Talk.

Full episode: https://www.youtube.com/watch?v=nTq24u7_jUo&t=132

General information only, not legal advice. If you're facing a criminal or family law matter, talk to a lawyer directly.

10/08/2026

Prosecutors don't investigate crimes. Here's what they actually do.

On TV, the prosecutor is out chasing leads. In real life, law enforcement brings the case to them. Police reports, video, audio, photos, recorded conversations: all of it lands on the prosecutor's desk as discovery.

The prosecutor's job is to review that evidence and decide whether to file charges. Patrick Waters explains why that decision should only be made when the charge can be proven beyond a reasonable doubt.

Full episode: https://www.youtube.com/watch?v=nTq24u7_jUo

General information only, not legal advice. If you're facing a criminal or family law matter, talk to a lawyer directly.

10/07/2026

What's the difference between a criminal case and a civil case? ⚖

A criminal case can put your freedom on the line, and the state has to prove it beyond a reasonable doubt. In a civil case, money or a court order is usually what's at stake, and the standard is a preponderance of the evidence. That's just over 50%.

That gap changes everything about how a case is handled. Patrick Waters breaks it down in plain terms on the latest Heartland Law Talk.

Full episode: https://youtu.be/nTq24u7_jUo

General information only, not legal advice. If you're facing a criminal or family law matter, talk to a lawyer directly.

10/07/2026

Arrested in the middle of the night in North Dakota?

One of the first questions is bail. Our new guide explains how North Dakota courts decide pretrial release, what conditions can come attached, and how bail can sometimes be reduced. Understanding the process helps you ask the right questions early.

Read the full guide: https://www.heartlandlawoffice.com/post/how-does-bail-work-in-north-dakota-pretrial-release-explained

or reach Heartland Law Office at 701-587-8423 for a free criminal case evaluation.



Attorney advertising. Not legal advice.

How bail and pretrial release work in North Dakota, the conditions a court can set, and how a defense attorney can help.

09/23/2026

Podcast episode coming soon!

08/21/2026

08/21/2026

Cameron Erhart says CPS knew about threats to his children long before the Aug. 6 Mandan attack. Four days after two children died, CPS took his surviving son. In recordings obtained by 701 Report,…

08/13/2026

Is Postpartum Depression a Good Defense for Murdering Your Children?

Postpartum depression and postpartum psychosis are serious medical conditions, and people often ask how North Dakota law treats them in a criminal case. The short version: a diagnosis alone isn't a legal defense. North Dakota has a specific legal standard, called lack of criminal responsibility, and it's evaluated case by case by licensed professionals, not assumed. We broke down how the process actually works, including notice requirements and what happens if the defense succeeds, in our latest blog post.

https://www.heartlandlawoffice.com/post/is-postpartum-depression-a-good-defense-for-murdering-your-children

Free case evaluations available at 701-587-8423.



Attorney advertising. Not legal advice.

Can postpartum depression or psychosis be a legal defense to murder in North Dakota? Here is how the law actually treats it.

07/25/2026

Most DUI charges in North Dakota are misdemeanors, but a few specific situations can turn one into a felony: a fourth offense within 15 years, a crash that causes injury or death, or a repeat offense with a minor in the vehicle.

Our new blog post breaks down exactly where that line is drawn under North Dakota law.

Read it here: https://www.heartlandlawoffice.com/post/when-does-a-dui-become-a-felony-in-north-dakota

Facing a DUI charge? A free case evaluation can help you understand where your case stands.

Most North Dakota DUIs are misdemeanors, but four specific situations turn a DUI into a felony charge. Here's how the line is drawn.