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Minnesota Questions & Answers
1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am from Minnesota and I was put on a 2-year probation for a second degree DUI home state of imposition I have comple

I completed everything except the driving with care and the med impact panel I'm from Minnesota I work full time in healthcare I lost my grandma and my mother just in the last 7 months due to covid plus nine of my residents that have been long term with me I have complied with everything that... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 17, 2021

I would expect that a probation violation might be filed. I’d suggest that you complete the driving with care and victim impact panel ASAP. Additionally, telling the court that you’ve done everything that was asked of you is a bad idea because you haven’t. You haven’t completed the DWC... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: how does getting a visa through a sibling work?

my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

Yes.

If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: i have convicted of a petty misdemeanor due to speeding 75mph on a 40. I was rushing due to family restrictions.

Have time a curfew at the house and didn't want to arrive home late, so I had to rush to get home fast and, my mom was sick, so I had to take care of her in all ways, so I had to sacrifice myself for hers.

i was trying to know if I can go on probation for the ticket I've received

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 16, 2021

There isn't really a question here. Were you charged with speeding? Have you already paid the fine and consequently plead guilty to the speeding ticket? You need to more clear on what you are asking for anyone to help you.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I file a haraasment restraining order to protect residents and staff from my organization from a former client.

My organization works with youth involved in the criminal justice system and formerly homeless and/or sexuallly exploited youth. We recently evicted a 26 year old resident who has been tresspassed, however sits just off property and heckles staff and residents. He has also been accused of selling... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 13, 2021

The request for a Harassment Restraining Order is pretty straightforward. You would simply need to submit one in the county where the facility is located. An HRO could prohibit the former client from being within a certain distance of the facility. You are going to have difficulty submitting a... Read more »

2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 6, 2021

There are some registered, such as Make America Great Again, so you would be violating his registration

You can make variations and parody though

You should consult with an attorney

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1 Answer | Asked in Estate Planning and Insurance Bad Faith for Minnesota on
Q: When a person appoints a power of attorney and he passes away, does that power of attorney end? I am from Minnesota.
Nina Whitehurst
Nina Whitehurst answered on Aug 30, 2021

A power of attorney ends when the principal dies. It also ends when the agent dies, unless there was a successor agent named, in which case it continues in favor of the successor agent.

1 Answer | Asked in Family Law for Minnesota on
Q: I filed motion to modify alimony. My ex's attorney says he is not available on the hearing date. What do I do?
Corwin Kruse
Corwin Kruse answered on Aug 25, 2021

I assume that the attorney also told the court. The court will likely reschedule it for a mutually-agreeable date.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My fiancé was charged in Minnesota for a DUI almost a year ago, it will be 1 year next month. They are now telling him

They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 24, 2021

Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.

2 Answers | Asked in Criminal Law for Minnesota on
Q: My bf has three warrants in Ramsey county and all three says standard bail is $500 do I pay $500 each warrant?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 23, 2021

It's impossible to answer without more information. Sometimes a court will set a bail amount that covers more than one case. Other times, separate bail is set for each case. There is no way to answer this question without access to more information like your boyfriend's name and the... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: How can I get my gun rights back?

My felony drops to a misdemenor when probation is completed. My probation will be complete in the next 3 months and want to know if i can purchase and own firearms or not, or if I can have my rights restored

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 23, 2021

That depends what you were convicted of and whether it is a crime of violence. The question is impossible to answer without that information.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Got a speeding ticket for doing 49 in a 30 mph zone (exiting a small town) - HOWEVER -

I was within about 30 ft of a speed limit sign that stated 60 mph. I took a picture of it thru my dash. Thought if I was within sight of the next speed limit sign, I could justify that speed?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 21, 2021

The speed limit becomes effective at the sign. You could certainly argue that you thought the speed limit had increased. But it also depends where the officer clocked your speed.

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1 Answer | Asked in Juvenile Law for Minnesota on
Q: My 14 just got arrested for having a stolen gun. He is in a juvenile center what are the statues

This is his first offense

Thomas C Gallagher
Thomas C Gallagher answered on Aug 19, 2021

Minnesota Statutes Sec. 609.52, Subd. 3. "Sentence. Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services...
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1 Answer | Asked in Real Estate Law for Minnesota on
Q: ending a relationship,purchased house together, both names on title, mortgage in my name only, partner refuses to sell

Refuses to sign seller agreement, do I have rights

Anthony M. Avery
Anthony M. Avery answered on Aug 18, 2021

You will need to file an action for a Partition if there is sufficient equity. If not, a sale may not be practical anyway.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: My son,16 was charged with underage drinking and driving & speeding in February. Question below...

He received a speeding ticket 08/01 and another 08/17/21. I am beside myself but at any rate, I'm more concerned about his driving record and insurance, the 08/01 the officer gave an extreme speed but it's payable. There's no way my son could've been going that fast with the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 18, 2021

Yes, doing whatever can be done to minimize the consequences to his driving record and insurance rates is worth an attempt. The consequences to his insurance rates are going to be incredibly expensive and hiring an attorney may be less expensive in the long run. Additionally, the speeding... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Received a ticket tonight in Carlton County. Tribal officer lied about the speed.

Cruise control was set for 30 miles. When pulled over I was told it was for speed. I asked how he measured my speed and he refused to answer. Wrote me for 73 in a 60. How do I request dash and body camera video for court ?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 16, 2021

You can certainly enter a not guilty plea and request any dash and/or body cam footage as a part of the discovery process.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get a violation of probation charge if I was caught with weed but wasnt written a citation? On probation for a dwi

I live in Minnesota

Thomas C Gallagher
Thomas C Gallagher answered on Aug 4, 2021

Yes. No one can change the past. But in the present and future, be sure to comply with conditions of probation.

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1 Answer | Asked in Employment Law for Minnesota on
Q: Company asking for repayment of 15000 dollars and they do not have repayment agreements to refer:

I left a company in a period of 1 year 5 months, due to too much toxic culture and suppression by my manager and his boss and due to long time required to find a job. After leaving I am reached by the company to pay back $15000, 33% of the original sign on bonus, because according to them it is... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 4, 2021

In order to enforce a repayment obligation provision in a contract, the company must first prove that a contract exists. If you are saying you did not sign a contract, and they cannot provide a signed copy, the company will have a difficult time proving that.

2 Answers | Asked in Criminal Law for Minnesota on
Q: My friend is being charged with controlled substance charge. On her paperwork from her arrest there is an F.B.I. number

At the top where there is also the case # etc. Why and what does that mean? Is it normal?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2021

What kind of document are you looking at? A police report? A complaint? Something else? More would need to be known in order to intelligently answer your question. Reach out to attorneys directly. Most of us provide free consultations.

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1 Answer | Asked in Probate for Minnesota on
Q: How do I report to the court that someone has claimed to be a trustee , stolen my property, claims in court no trust?

There has been no showing of the trust and all the properties and money are being stolen.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Aug 2, 2021

You will have to hire an attorney. If I were the attorney, I would get you appointed the administrator of the estate. Then get that person served and force him or her to come into court and prove that a trust exists. As administrator, you'd be able to get bank statements of the decedent... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: How can I have a court date for probation violation scheduled after my one year probation has expired?

I have the probation agreement paperwork stating the expiration date.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 28, 2021

Under Minn. Stat. 609.14, a probation revocation may be filed up to six months after expiration of probation so long as the probation violation occurred while the individual was still on probation.

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