In the digital age, a shadow looms over every transaction, a silent fear that with a single swipe of a card, your financial world could be stolen. A conviction for the use and possession of a scanning or re-encoding device in Fargo can shatter the life you’ve built. Suddenly, you are no longer just a member of the community; you are a defendant, facing a system that can feel impersonal and overwhelmingly powerful. The accusation alone can isolate you, leaving you to grapple with the terrifying prospect of a future tainted by a criminal record, the loss of freedom, and the erosion of your reputation. The path forward seems uncertain, fraught with legal complexities and the very real possibility of severe consequences that could affect your career, your family, and your standing in the community.
In this daunting reality, you are not alone. This is not your battle to fight by yourself. From the moment you are charged, it becomes our fight. The full force of the North Dakota prosecution, with its extensive resources, is now focused on securing a conviction. But they will not go unchallenged. I will stand with you as your shield and your sword. My role is to be the unwavering barrier between you and the prosecution, to protect your rights, and to fight relentlessly on your behalf. We will dissect their evidence, question their narrative, and build a defense designed to dismantle their case piece by piece. Your future is my priority, and I will be the dedicated advocate in your corner, ensuring your voice is heard and your rights are vigorously defended at every turn.
The Stakes Are High: Understanding North Dakota’s Laws & Penalties
The crime of “Use and Possession of a Scanning or Re-encoding Device” involves illegally using or possessing technology to capture and steal information from payment cards, such as credit or debit cards. While the term may sound technical, the reality is simple: it is a modern form of theft that can lead to devastating financial loss for victims and severe criminal penalties for the accused. North Dakota law takes this offense extremely seriously, classifying it as a felony-level crime from the very first offense. The potential consequences are life-altering, designed to punish and deter this invasive form of theft. You need to grasp the gravity of the situation immediately; a conviction carries the threat of significant prison time, substantial fines, and a permanent mark on your record that can close doors for years to come.
What the Statute Says
The offense of unlawful skimming was previously governed by a statute that has since been repealed. The North Dakota Legislature replaced it with a more specific law targeting the technology used to commit these crimes. The new law, found within Chapter 12.1-23 of the North Dakota Century Code, directly addresses the use and possession of these devices.
Use and possession of re-encoders and scanning devices – Penalty.
- An individual is guilty of a class B felony if the individual uses or attempts to use a skimmer, re-encoder, or a scanning device to obtain information from a payment card, driver’s license, or state-issued identification card without the permission of the authorized card user of the card from which the information is stolen. An individual convicted of a second or subsequent violation of this subsection is guilty of a class A felony and also is subject to a civil penalty of not more than one hundred thousand dollars.
- An individual is guilty of a class A misdemeanor if the individual owns or possess a skimmer, re-encoder, or scanning device with the intent to commit, aid, or abet any unlawful activity.
For purposes of this section:
“Re-encoder” means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card, driver’s license, or state-issued identification card, or any electronic medium that allows an authorized transaction to occur.
“Scanning device” means a scanner, reader, or any other electronic device used to access, read, scan, obtain, memorize, or store, information encoded on a computer chip or magnetic strip or stripe of a payment card, driver’s license, or state-issued identification card.
“Skimmer” means an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial information contained on a payment card or encoded on a computer chip or magnetic strip or stri1pe of a payment2 card.
As a Felony
A conviction for the use or attempted use of a scanning or re-encoding device is a serious felony.
- For a Class B Felony: You face a maximum penalty of ten years in prison, a fine of $20,000, or both.
- For a Class A Felony (second or subsequent offense): The penalties increase dramatically to a maximum of twenty years in prison, a fine of $20,000, or both.
As a Misdemeanor
Even the mere possession of a skimming device with criminal intent is a significant crime.
- For a Class A Misdemeanor: You face a maximum penalty of 360 days in jail, a fine of $3,000, or both.
What Does a Device Possession Charge Look Like in Fargo?
The crime of possessing a skimming device may sound like something out of a spy movie, but in reality, these charges can arise from situations that are surprisingly ordinary. It is not a crime confined to sophisticated criminal organizations. Often, it involves individuals who are in desperate financial situations, who may not fully comprehend the severe legal jeopardy they are placing themselves in. The law focuses on two key aspects: possessing the device and having the intent to use it for an unlawful purpose. This “intent” can be inferred from the circumstances, meaning the prosecution doesn’t need to prove you actually stole anything—only that you planned to.
These charges can happen to anyone who gets caught up in a bad situation, sometimes without being the primary architect of the scheme. You might be asked to hold onto a backpack for a friend, unaware of its contents. You could be a passenger in a car where a device is found, leading to charges for everyone inside. The line between being an innocent bystander and a criminal defendant can be frighteningly thin. The Fargo-Moorhead area, with its bustling retail centers and traffic along the I-94 corridor, is a prime location for these types of offenses, and local law enforcement is increasingly vigilant.
The Gas Station Skimmer
A person struggling with debt is approached by an acquaintance with a proposition: install a small device, a skimmer, over the credit card reader at a busy Fargo gas pump. For a few hours of work, they are promised a significant payout. They are given the device and instructions. Before they can install it, a police officer on patrol notices their suspicious behavior near the pumps late at night. A search of their vehicle reveals the skimming device. Even though they never successfully captured a single credit card number, they are arrested. In this scenario, the individual can be charged with possession of a scanning device as a Class A Misdemeanor because they possessed the device with the clear intent to commit an unlawful act.
The Restaurant Employee
An employee at a local restaurant is given a small, handheld scanning device by a third party. Their job is to quickly swipe customer credit cards through the device when they are processing payments, out of sight of the cardholder. The device stores the card data, which is later downloaded and used to create cloned cards. A customer later notices fraudulent charges on their statement and reports it. Investigators trace the point of compromise back to the restaurant. Surveillance video shows the employee’s unusual handling of the cards. When confronted, the employee admits to their role and hands over the device. This individual would face a Class B Felony charge for the use of a scanning device to obtain information without permission, a far more serious offense than mere possession.
The Online Purchase
A tech-savvy college student in West Fargo orders various electronic components online. They follow instructions from an online forum to assemble a device capable of reading and storing data from magnetic card stripes. They have not used it on anyone, but they have tested it on their own debit card, and it works. They mention their project to a friend, who later has a falling out with the student and reports them to the police out of spite. The police obtain a search warrant and find the fully functional device, along with the student’s internet history showing their research into creating and using skimmers. The prosecution could argue that possessing a purpose-built illegal device is, in itself, evidence of intent to commit an unlawful act, leading to a Class A Misdemeanor charge for possession.
The “Money Mule” Scenario
A person is recruited online for what they believe is a legitimate job: receiving packages and forwarding them to another address. One of the packages contains several re-encoding devices and a stack of blank cards with magnetic stripes. Before they can forward the package, federal agents, who have been tracking the shipment, execute a search warrant on their Fargo apartment. The individual claims they had no idea what was in the package, but the prosecution argues that willful blindness is not a defense. Because they were in possession of the devices and were part of a larger criminal enterprise (even if unwittingly), they could be charged with felony-level conspiracy or, at a minimum, the Class A Misdemeanor of possessing the devices with the intent to aid or abet unlawful activity.
Building Your Defense: How I Fight Device Possession Charges in Fargo
A charge for possessing or using a scanning device is not a conviction. The prosecution bears the heavy burden of proving every element of their case beyond a reasonable doubt, and their version of events is often not the complete story. An aggressive, proactive defense is not just an option; it is a necessity. From the moment I take on your case, my mission is to scrutinize the prosecution’s evidence, expose the weaknesses in their arguments, and challenge the legality of every step the government took against you. We will not sit back and wait for the prosecution to dictate the terms. We will force them to answer for their assumptions and justify their conclusions.
The prosecution’s narrative must be confronted at every turn. They will attempt to paint a simple picture of guilt, but these situations are rarely straightforward. Did law enforcement have the right to search your property? Can the prosecution truly prove what was in your mind—your intent? Was the device even functional? These are not just questions; they are the battlegrounds where your freedom is fought for. My approach is to deconstruct the state’s case, identify every procedural misstep, and present a compelling counter-narrative that introduces doubt. It is by creating and exploiting that doubt that we can work towards a dismissal, a reduction in charges, or a not-guilty verdict at trial.
Challenging the Element of “Intent”
The prosecution must prove you possessed the device with the specific intent to commit an unlawful act. This is a subjective element and often the most vulnerable part of their case. We will mount a formidable challenge to their claims about your state of mind.
- Lack of Knowledge: The prosecution must prove you knew the device was a skimmer and that you intended to use it illegally. We can argue that you were unaware of the device’s presence or its illicit nature. For example, if the device was found in a shared car or apartment, we can create doubt as to whom it actually belonged to and who knew about it. This forces the state to do more than simply point at you; they must concretely link your knowledge and intent to the item.
- No Unlawful Purpose: Even if you knowingly possessed the device, the state must still prove you had an unlawful purpose. We can introduce alternative explanations for possessing the device that are not criminal. Perhaps you are a technology student, a security researcher, or an electronics hobbyist who acquired the components for educational or experimental purposes without any intention of defrauding others. Introducing a plausible, legal reason for possession directly counters the prosecution’s narrative of criminal intent.
Scrutinizing Law Enforcement’s Actions
Your constitutional rights are the bedrock of your defense. If the police violated your rights during the investigation, we can move to have critical evidence suppressed, which can cripple the prosecution’s case.
- Illegal Search and Seizure: The Fourth Amendment protects you from unreasonable searches.3 Did the police have a valid warrant to search your home or car? If they acted without a warrant, was there a legitimate exception, such as “plain view” or consent? We will meticulously examine the police reports and body camera footage to determine if your rights were violated at any stage, from the initial traffic stop to the discovery of the device.
- Miranda Rights Violations: If you were interrogated while in custody, you must have been read your Miranda rights. Any statements you made before being properly advised of your right to remain silent and your right to an attorney may be inadmissible. We will investigate the circumstances of any interrogation to determine if your confession or incriminating statements were obtained illegally, potentially removing a key piece of the prosecution’s evidence.
Questioning the Device Itself
The functionality and nature of the electronic device are central to the charge. The prosecution cannot simply hold up a gadget and claim it’s an illegal skimmer; they must prove it.
- Inoperable Device: The state must prove that the alleged item meets the statutory definition of a “skimmer,” “scanner,” or “re-encoder.” We can hire an independent expert to examine the device. If it was broken, incomplete, or otherwise non-functional, we can argue that it did not pose a real threat and could not have been used to commit a crime, thereby negating the core of the charge against you.
- Chain of Custody: Evidence must be properly handled and tracked from the moment it is seized until it is presented in court. We will investigate the chain of custody for the device. Any gaps, inconsistencies, or procedural errors in how the evidence was stored and handled can call its integrity into question. If we can show the evidence may have been tampered with or mishandled, a judge may rule it inadmissible.
Exploring Affirmative Defenses
In some cases, the best strategy is to present an affirmative defense, which argues that even if the technical elements of the crime were met, you should not be held liable due to other circumstances.
- Duress or Coercion: This defense argues that you were forced to possess the device against your will under the threat of immediate harm. For this to succeed, we must provide credible evidence that you were facing a serious and imminent threat from another person, which left you with no reasonable alternative but to comply with their demand to hold or transport the device. This shifts the focus from your actions to the illegal pressure exerted upon you.
- Entrapment: This defense applies if law enforcement induced you to commit a crime that you otherwise would not have committed. If an undercover officer or informant provided you with the device and persistently pressured you into a criminal scheme you had no predisposition for, we can argue entrapment. This defense focuses on the misconduct of the government in creating crime rather than investigating it.
Your Questions About North Dakota Device Crime Charges Answered
What is the difference between being charged for “use” versus “possession” of a skimming device?
“Use” is a Class B Felony and involves the act of actually deploying or attempting to deploy a device to capture data. “Possession” is a Class A Misdemeanor and involves having ownership or control over a device with the intent to use it for a crime, even if you never get the chance to.
Can I be charged if the device was found in my car but belonged to a friend?
Yes, you can be charged under the doctrine of “constructive possession.” The prosecution will argue that even if you didn’t own it, you had knowledge of the device and the ability to control it. A strong defense will focus on challenging whether you truly knew the device was there and that it was illegal.
What if I bought something online that I didn’t know was a skimming device?
Lack of knowledge can be a powerful defense. The prosecution must prove you knew what the device was and intended to use it for an unlawful purpose. If you can show a legitimate reason for the purchase or a genuine misunderstanding of its function, it can negate the criminal intent required for a conviction.
Do I have to be caught stealing money to be convicted?
No. For the felony charge of “use,” the crime is complete the moment you attempt to capture data, regardless of whether you succeed or profit from it. For the misdemeanor “possession” charge, no theft needs to occur at all; the crime is possessing the device with criminal intent.
What should I do if the police want to search my home or vehicle for a device?
You should never consent to a search. Politely but firmly state, “Officer, I do not consent to a search.” This forces the police to either get a warrant, which requires them to show probable cause to a judge, or to justify the search under a legal exception. Consenting to a search waives your Fourth Amendment rights and makes it much easier for the prosecution to use whatever they find against you.
What if I already admitted to possessing the device?
Even if you made incriminating statements, all is not lost. The first thing a skilled defense attorney will do is examine the circumstances of your confession. Were you properly read your Miranda rights? Were you coerced or promised leniency in exchange for a confession? If your rights were violated, it may be possible to have the confession suppressed.
Is a second offense for possession also a felony?
The statute specifies that a second offense for using a device is a Class A Felony. It does not explicitly state that a second offense for mere possession (a Class A Misdemeanor) is automatically elevated to a felony. However, a prior conviction of any kind will likely result in a harsher sentence from the judge.
How can the prosecution prove my “intent”?
Intent is proven through circumstantial evidence. The prosecution will use things like your internet search history, text messages, the presence of other tools of the crime (like blank cards), and witness testimony to argue that you had an unlawful plan. A defense attorney’s job is to challenge this circumstantial evidence and present alternative explanations.
What is a “re-encoder” and how is it different from a “skimmer”?
A “skimmer” or “scanning device” is used to steal the data from a card’s magnetic stripe.4 A “re-encoder” is a separate device used to take that stolen data and write it onto the magnetic stripe of a different card, such as a blank gift card, effectively creating a clone of the original card.
Can a device possession charge affect my immigration status?
Yes. A conviction for a crime involving theft or fraud, even a misdemeanor, can be considered a “crime involving moral turpitude” (CIMT).5 A CIMT conviction can have severe immigration consequences, including deportation, denial of naturalization, or refusal of a visa or green card.6 It is critical to fight these charges aggressively.
What are some common places where skimmers are found?
Skimmers are most commonly found on devices in public places with high transaction volumes and low oversight. This includes gas station pumps (especially those further from the attendant’s view), standalone ATMs in convenience stores or outdoor locations, and point-of-sale terminals at retail stores.7
Will I definitely go to jail if convicted of the misdemeanor possession charge?
A Class A Misdemeanor carries a maximum sentence of 360 days in jail, but jail time is not guaranteed. A skilled attorney can often negotiate for alternative sentences such as probation, fines, community service, or participation in diversion programs, especially for a first-time offender with a strong defense.
What is the statute of limitations for these crimes in North Dakota?
The statute of limitations is the time limit the state has to file charges against you. For most felonies in North Dakota, the statute of limitations is three years from the date the offense was committed.8 However, for certain theft and fraud-related crimes, it can be extended.
What does it mean to “aid or abet” this crime?
You can be found guilty of aiding or abettting if you knowingly assist someone else in committing the crime. This could include acting as a lookout, driving the person to the location, storing the devices for them, or helping them purchase the necessary equipment. You can be punished as if you committed the crime yourself.
Why do I need a lawyer if it’s “just” a misdemeanor possession charge?
A misdemeanor conviction is a permanent mark on your criminal record that can impact employment, housing, and professional licenses.9 The “possession” charge is also often used as a starting point for a larger investigation. An experienced lawyer can protect your rights, challenge the evidence, and work to get the charges dismissed or reduced, safeguarding your future from the long-term damage of a conviction.10
Your Future Is Worth Fighting For
A criminal conviction is more than a sentence; it is a lasting stain that follows you long after you have paid your debt to society. The collateral consequences of a conviction for a device-related crime can be severe and far-reaching, impacting the very foundations of your life and livelihood.
Impact on Your Livelihood and Career
A conviction for a crime of dishonesty, like using or possessing a skimming device, can be a death sentence for your career. Many professions, particularly those in finance, technology, healthcare, or any field requiring a security clearance or professional license, will be permanently closed to you. Future employers will see the conviction on a background check and may immediately disqualify you, regardless of your skills or qualifications. You may find it incredibly difficult to find meaningful work, creating a cycle of financial instability that can be nearly impossible to break. This single event could unravel years of hard work and ambition.
Threats to Your Constitutional Rights
Beyond imprisonment and fines, a felony conviction strips you of fundamental rights that many citizens take for granted. In North Dakota, convicted felons lose the right to own or possess a firearm, a right that is difficult, if not impossible, to restore. You may also lose the right to vote while incarcerated or on parole. Furthermore, a felony record can prevent you from being able to serve on a jury or hold public office. These are not just privileges; they are the cornerstones of your role as a citizen, and a conviction can silence your voice and diminish your place in our democracy.
I Know the Fargo Courts and the Prosecution
Navigating the criminal justice system in Fargo requires more than just knowing the law; it requires knowing the people and the local legal landscape. I have spent years in the Cass County courts, building relationships and understanding the tendencies of the prosecutors and judges. I know their strategies, what arguments they find persuasive, and how they approach plea negotiations. This insider knowledge is a critical advantage. It allows me to anticipate the prosecution’s moves, craft defenses that resonate with local juries, and negotiate from a position of strength, not desperation. You are not just hiring a lawyer; you are hiring a guide who knows the terrain.
A Single Mistake Shouldn’t Define Your Life
Good people make mistakes. Sometimes, good people get caught in bad situations or are falsely accused. I firmly believe that a single charge should not be the final chapter of your story. My mission is to ensure that the legal system sees you as a person, not just a case number. We will work to present a complete picture of who you are—your contributions to the community, your family, your potential—to argue for a second chance. We will fight for a resolution that minimizes the damage to your future and allows you to move forward with your life, dignity, and opportunities intact. Your future is worth fighting for, and our fight starts now.