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Minnesota Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If I have a court order with my kids mom Already in place stating that I get her every other weekend

If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not

Corwin Kruse
Corwin Kruse
answered on Jun 22, 2022

It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.

You can also ask that she be ordered to pay your attorney fees.

1 Answer | Asked in Immigration Law for Minnesota on
Q: I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in

I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in my passport at the USCIS Office. At that time they took my expired green card and never returned it. According, the M-477 checklist the first requirement is a copy of my green... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

As long as you are eligible for the N-400 at the time you file, yes you can submit it while the I-751 is still pending. USCIS will not approve the N-400 until the I-751 is approved; depending on your local office, both applications may be decided at the same interview so it is important that your... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over for speeding and racing the other night. The officer wrote down the completely wrong vehicle.

I was on a motorcycle and he wrote down that I was driving a truck. He also said he clocked me going much faster than I was. Would there be any grounds for dismissal knowing it’s the wrong vehicle?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 18, 2022

No, a clerical error like that can be easily rectified. But there might be other legal or factual issues that could get you out from under the ticket.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I be naked in my backyard in MN? I have a privacy fence, but a house next door might be able to see me.

There are no minors next door. Everyone is above the age of 21, however the youngest person there is a mentally disabled 21 year old woman.

If they look out their second story windows, they will absolutely be able to see me. But probably not from their first floor windows.

There are... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 16, 2022

It's your backyard and with the privacy fence, I don't think that you are in public such that you could be charged with indecent exposure. So the better question is whether this is something you want to do if your next door neighbor is going to be able to see you from his or her 2nd floor.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is a first-time offense a reason for dismissal for a speeding ticket when contesting a citation?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 14, 2022

No, the ticket isn’t going to get dismissed simply because it’s your first ticket. There may

be other reason to dismiss the citation, but this isn’t one of them.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I be pursued & charged with a speeding charge if I was never caught? Pursuit was never initiated. MN

(Hypothetical) I simply drove past a Sherriff. Not so simply going 90 in a 60... was not drinking, just not thinking. I am licensed, the vehicle is not registered to me. There is no visual proof attaching me to the vehicle during the time. I parked and got a ride home. Now sheriffs are driving by... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 10, 2022

You could be pursued, but it seems unlikely given that you weren’t pulled over and you aren’t the registered owner. But it might happen if the registered owner is contacted and throws you under the bus.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I be pursued & charged with a speeding charge if I was never caught? Pursuit was never initiated. MN

(Hypothetical) I simply drove past a Sherriff. Not so simply going 90 in a 60... was not drinking, just not thinking. I am licensed, the vehicle is not registered to me. There is no visual proof attaching me to the vehicle during the time. I parked and got a ride home. Now sheriffs are driving by... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 11, 2022

Theoretically possible. But without proof of identity of the driver, a judge would likely find a lack of probable cause for the charge. That a big reason why police stop drivers - to ID them. Of course, if they later admit being the driver when talking to police .... Avoid saying words to police.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I was gave a speeding ticket for going 64 in a 55. Is there any way to pay it but keep it off my record
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 6, 2022

A person with a Minnesota Driver's License which is not a CDL, should benefit from what we often call "the Dimmler Amendment" or the Minnesota "Dimmler Speed law," which direct the Minnesota Department of Public Safety to not put a speeding conviction on the Driver's... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: What am I looking at for penalties with these-

1st time 4th Degree DUI, 1st time 4th Degree underage drinking, 1st time 4th Degree driving while revocation and driving with no insurance. I already had a small incident last year that put 45 stayed days over my head for a very different offense. These are all misdemeanors and I have no priors but... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 5, 2022

It’s unclear what exactly you are asking here. But the easiest thing to advise is to get an attorney. A DWI will have direct consequences - jail time, fines, etc. And indirect consequences - DL revocation, insurance rates increase, etc. And you could be facing a probation violation as well.... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: can parent take minor out of state vacation without permission
Corwin Kruse
Corwin Kruse
answered on May 29, 2022

It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.

1 Answer | Asked in Criminal Law and White Collar Crime for Minnesota on
Q: Ths fame was faulty I jumped to the next frame.

A friend accepted $500,000,000 worth of art and collectibles, took them out of state and sold them as her own. I kept track of all sales. I called the Sotheby's, Christies, Butterfields when they announced the sales and got a ton of goofy answers. They sold these items with made up... Read more »

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

Contact law enforcement if you have a crime to report.

1 Answer | Asked in Criminal Law for Minnesota on
Q: What are my reporting requirements if any? Who do I report to if I am required to report? See Additional Details.

I am required to register as a Violent/Sexual Offender in Minnesota and have been approved to travel for vacation. I will be visiting Glacier National Park in Montana for a week. What are my reporting requirements if any? If I am required report, to whom do I report? I will also be spending 2 days... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 26, 2022

These are really questions that need to be asked in the Montana and ND forums. Those states would control what, if any obligations, you have as an out-of-state predatory offender visiting for a vacation.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Is it illegal for a parent to have a child Make a false police report against the other parent
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 24, 2022

Depending on the age of the child, it would be difficult to prove that the parent "forced" the child to lie to law enforcement. This would a very fact specific situation and oftentimes there are two very different perspectives to what occurred in a situation. Additionally, private... Read more »

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on May 20, 2022

Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the... Read more »

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1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Minnesota on
Q: I am a victim of an emotionally abusive and cruel wife, and i live in minnesota. She is currently out of the house

She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 16, 2022

There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.

1 Answer | Asked in Medical Malpractice and Social Security for Minnesota on
Q: Is it possible to get a lawyer to HELP ME?? S.O.S‼️‼️ My case will be dismissed soon without one. I was massacred!

I had applied for disability in 2015, and the Social Security Administration did a long & full review of everything and decided that in 2015, 2016, and 2017 I was NOT disabled -UNTIL- after my two 'botched' surgeries in 2017. Since then, I have been extremely physically sick, I still... Read more »

Tim Akpinar
Tim Akpinar
answered on May 15, 2022

I'm sorry your question remains open for three weeks. You describe an urgency in terms of time. At this point, you could reach out to law firms to try to set up a free initial consult instead of losing further time awaiting a response here.

For the disability-related matter, you could...
Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: 25-10-13(M1) Violation of Protection or No Contact Order... if the respondent has violated this and person that placed

Place but the person answered a phone call from the respondent is that a violation as well?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2022

Legally it does not matter if the petitioner or protected party initiated the contact. If is a violation of an OFP or no contact order if the respondent answers the call if he knows the protected party is the caller or if he continues the conversation upon realizing that the protected party is the... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: will my license be suspended?

i’m in mn, just yesterday i got my 4th speeding ticket i believe? i got it in a different state too?he clocked me going 83 in a 75 but knocked it down to 80 in a 75. my last two speeding tickets were received in april & august of last year, and a “fail to exercise due to care or control”... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 11, 2022

You are looking at your insurance rates going through the roof with this mean tickets on your DL, especially if you keep driving the way that you are. The habitual offender revocation is very date specific. It would be important to have the dates of each of these citations/guilty pleas. The... Read more »

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: The original ticket was written to my wife. She fought it and won, because she wasn't driving but the cop wrote it out t

To her. Two months after the fact a ticket was written to me.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 10, 2022

Your wife has already asked this same question. The answer remains the same.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I was issued a ticket for speeding and dar. I wasn't driving my husband was. The cop knew that.

I got the ticket dismissed but then they turned around and issued at ticket to my husband. Is that legit?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 9, 2022

I would imagine that the ticket was erroneously issued to you. And that error can be fixed by issuing the ticket to the correct person so long as the statute of limitations on the charge has not expired.

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