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Minnesota Questions & Answers
1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Health Care Law for Minnesota on
Q: how can i be so violated in my rights and yet not have legal assistance in civil claims? is it easier to not help?

i have valid claim for county liability.

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2022

A Minnesota attorney could advise best, but your question remains open for a week. It isn't clear what the matter is about, but keep in mind that if your claim involves a county or public agency, it's possible there could be notice of claim elements. Only a Minnesota attorney could advise... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speed entered into system doesn’t match ticket, what is probable outcome when contesting this?

Officer upped the speed I was doing by 10 miles an hour when he entered the ticket into the state system. It does not match in any way the ticket I received. The ticket reads 70/60, the officer entered 80/60. County attorney wants to talk about it. I want to know if I should just wait and go... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 28, 2022

That alone would not likely result in dismissal of the charge. It could result in amendment of the charge. I'd suggest setting a goal for outcome. Then try to achieve that goal. If that cannot be done via discussion with the prosecutor, then set it for trial and try to win the case before... Read more »

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My son got 2 speeding tickets in less than 6 months (10 over the limit). What is the impact on License?

He had gotten another one about year and a half ago

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 28, 2022

Minnesota Rules 7409.2200 HABITUAL VIOLATORS, directs the Minnesota Department of Public Safety to suspend the driver's license for 30 days, if the commissioner has previously sent a violation warning letter to the person and the person is convicted of:

(1) four [petty or worse]...
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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Minnesota on
Q: Hi I'm 18 turning 19. I want to get a gun for target shooting but have had a history of anger when younger ages 4-14

So when I was younger I was diagnosed with low levels of autism and fasd but was before they knew I had adhd and they says that's the real reason I was like that according to state law In Minnesota and federal law you can't own a gun if you've been adjudicated as a mental defect by a... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 28, 2022

You should speak directly with an attorney about these issues. On first reading, it doesn't sound as if you would have any legal prohibition on owning or possessing a firearm, but you don't want to put yourself in a bad situation. A legal forum is no substitute for speaking directly... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My Son got a ticket in MN for 169.20.2. But both parties where traveling the same direction. Wrong statue

He was parked on the side of the 4 lane road. He was making a uturn and Uturns are not illegal on this part of the street. Both parties where traveling East. The statue he put down is for on coming traffic but they where both traveling east.the police put MN 169.20.2. It should have been... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2022

When the government prosecutes a person, it commences an adversarial relationship. And so we on the defense side of their prosecution have no duty to help them. If the prosecution lacks evidence for the violation charged, sooner or later, it should be dismissed. But, the prosecution can fairly... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: What is the statute on passing a vehicle in minnesota

I was in a 55mph zone and I passed this vehicle going 77. Ended up being an unmarked cop. He gave me a ticket going 70 in a 55. I looked on line and it said in minnesota you can pass a vehicle going up to 10-15 miles over the speed limit. Is that true?

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2022

Minnesota Statutes section 169.14 , Subd. 2a, increases speed limits when passing by ten miles per hour over the posted speed limit when the driver is on a two-lane highway having one lane for each direction of travel, and certain other conditions apply. But exceeding the posted speed limit... Read more »

3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: Minnesota. Won appeal on a Possession charge. Already in prison. Case was sent back to district court. Now what?

MN declined Supreme Court. Now what??

Sarah Gad
Sarah Gad
answered on Nov 26, 2022

The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, International Law and Libel & Slander for Minnesota on
Q: needing help with dealing with a uruguayan resident in minnesota.

I have a uruguayan resident cyberstalking me and others for 2+ years, affecting my mental health + work. They started stalking me in early 2020, and i am afraid to have social media accounts so they won’t affect me/my friends anymore. i am a disabled artist and this person has affected my ability... Read more »

Sarah Gad
Sarah Gad
answered on Nov 26, 2022

Unfortunately, it sounds like you have a cyberstalker, and you're not alone. As many as 8% of Americans report being stalked online at some point in their life. In many cases, it's possible to get rid of the person on your own by locking down your social media and other accounts. But if... Read more »

1 Answer | Asked in Social Security for Minnesota on
Q: How can I find a lawyer who has expertise with application for disability benefits from the MN Dept Human Services?

My adult daughter (age 43) sustained a TBI and is not eligible for SSI because she had insufficient employment history when the TBI occurred. Although she lives independently, her long-term disability confounds her navigation of the complex procedures/processes.

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Nov 25, 2022

I believe you mean your daughter does not qualify for SSDI (which is disability payments for having worked enough and paying into the Social Security system). Typically this means the only benefit available from Social Security would be SSI (Supplemental Security Income). The SSI program is also... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: In Minnesota in Sherburne county what does a Level F Federal Hold mean while in county jail
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 21, 2022

I'm not sure about the level F, but the federal hold means that the the inmate is being held on some sort of federal matter - likely either an immigration issue or they are facing criminal charges in federal court.

1 Answer | Asked in Employment Law and Tax Law for Minnesota on
Q: Do I need a lawyer if it owe unemployment money

I didn't really understand unemployment when on it. Confused still. Now I could owe a ton of money

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 7, 2022

Hi! You may need to reword your question. Do you owe unemployment taxes? Did you take out unemployment and now owe money back for over payment? There are a few ways to interpret what you are saying.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Im a victim, can i recant my statement in a domestic violence case?

I would like to recant my statement regarding a DV case i am a victim of. I know now I should've said the truth but i was scared of what woould happen.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 7, 2022

You can certainly recant your statement, but that is not a silver bullet in terms of resulting in an automatic dismissal. You might also expose yourself to criminal liability for filing a false police report. I would recommend that you get legal representation prior to contacting law enforcement... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a person get a GSA performance security Bond after conviction of a criminal case in Minnesota

Post convention bail is it possible for a person incarcerated in a Minnesota prison after conviction

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 7, 2022

I'm not sure what a GSA performance security bond is. That is not a term that we use here in Minnesota. Once someone has been incarcerated, the trial court no longer has jurisdiction to set a bond, so I this isn't really going to be an option. That might be different if the person is... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Can I modify a DANCO to where he can attend doctor appointments and talk for the remainder of this pregnancy
Thomas C Gallagher
Thomas C Gallagher
answered on Nov 3, 2022

A Domestic Abuse No Contact Order ("DANCO") is a protective order issues by a judge in a criminal court file. As a result, any change prior to its expiration would have to be made by a judge. A "protected person" can ask the prosecutor to support ending or changing the terms... Read more »

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2 Answers | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Minnesota on
Q: If you get a driving violation in one state is it legal for another state to take you to court

So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 2, 2022

I'd suggest you call a criminal defense lawyer on the phone to discuss. There are conceivable scenarios where an Iowa court action could in some way relate to a previous DWI stop in Minnesota. When you call a lawyer, you can provide more related information, which will help the lawyer narrow... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Are mom's automatically awarded sole physical and legal custody if the parents were never married in Minnesota.

The dad is on the birth certificate but there's never been anything that's gone to court and there is no arrangement. He also signed a piece of paper giving me more custody when I had to get medical assistance. My son is 10 now.

Corwin Kruse
Corwin Kruse
answered on Nov 1, 2022

If never married, and there is no adjudication of paternity, the mother has sole physical and legal custody. The father has no child support obligation and no right to parenting time, unless and until a court orders it.

1 Answer | Asked in Criminal Law for Minnesota on
Q: MN took too long to charge me and video evidence proving my innocence was recorded over. Dismissal of charges or what?

I was charged with a felony for wiping blood on a police officer, but the video surveillance from the hotel I was at proving my innocence was recorded over, because Minnesota took so long to finally charge me with this offense, and now I have nothing to use against them for my defense, because the... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 30, 2022

The defense can spotlight the defendant's right to exculpatory evidence, including the preservation of evidence. However, the court will likely distinguish between evidence in the possession and control of the police-government vs other evidence in the possession of others. Much has been... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: I stopped blood on a police officer after being jumped. Can they still charge me for doing so?

F

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 17, 2022

Normally, voluntary intoxication is not a defense to a criminal charge. But it can have an impact on the way a case is viewed. It's important to get a good criminal defense lawyer on your side, looking at the available police reports and videos, after hearing form you about what you know.... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Hello So, can person be charged in Minnesota with double murder if he/she kills a pregnant woman and the fetus dies?

Does it matter the stage of pregnancy?

Thanks

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 15, 2022

See:

2022 Minnesota Statutes Section 609.266 DEFINITIONS.

"The definitions in this section apply to sections 609.2114, subdivisions 1 and 2, and 609.2661 to 609.2691:

(a) "Unborn child" means the unborn offspring of a human being conceived, but not yet born....
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