Lawyers, Answer Questions  & Get Points Log In
Minnesota Questions & Answers
2 Answers | Asked in Bankruptcy for Minnesota on
Q: I am going to be filing a chapter 7 no asset bankruptcy in June 2023

However, my brother just mentioned to me that in 2018, i was made a 1/6 co owner with my other siblings of some property (after probate cleared from my dad dieing). My brother has a house with a mortgage on that property and has the whole time since 2015.

I don't do anything with this... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 24, 2023

When you file a bankruptcy case, you also must file Schedules of ALL your assets and debts, among other things.

And you sign those disclosures under penalty of perjury (the penalty for which, a felony, is huge).

Never exchange a mere debt problem for a criminal liability....
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: I was arrested over a year ago, charged with driving after cancelation, and pled guilty. The case was closed March 10.

I contacted the Isanti County MN court administrator requesting the cash bail that was posted ($1000) and was told there now was a hearing scheduled the end of April regarding the refund. The judge signed off March 12. Can they do this? Don't I have a right to this refund ASAP? What action can... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 23, 2023

If you posted cash bail, the bail should be refunded to you absent the costs of any fines, court costs, etc. The only exception to this would be if you violated conditions of release or missed a court date during the pendency of your case. When that happens, bail can be revoked and in some cases... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Native American Law for Minnesota on
Q: can a person be denied permission to visit a dying family member if they have a removal order from the reservation.

they have an active civil petition for having the removal order lifted court case.ongoing for almost 3 yrs

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 16, 2023

It is possible for a person to be denied permission to visit a dying family member if they have a removal order from the reservation. The decision to grant or deny permission to visit would depend on the specific circumstances of the case, including any applicable tribal laws or regulations.... Read more »

1 Answer | Asked in Employment Law, Entertainment / Sports, Intellectual Property and Trademark for Minnesota on
Q: Is there a way I can stop a former employer from using pictures and videos that I am in?

I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 15, 2023

If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:

Send a cease and desist letter: You can...
Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Minnesota on
Q: If a dealership falsely registered a car in your name can you sue?

Negligence on the behalf of the employee they processed paperwork without consent after being told I did not want to proceed with the vehicle, there was a ticket issued as well in another state for the car due to being registered under my name

Robert Kane
Robert Kane
answered on Mar 14, 2023

If a dealership falsely registered a car in your name you can sue. I do not know if you will be successful or if it's even worth it. Why would a dealership falsely register a car in your? What have you suffered in damages ($) ?

2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: On December 12 I was pulled over in Burnsville MN. The complaint is full of holes, and miss guided not truths.mm

I had for gotten bringing wheels at home so I stopped at a local business to get more. While I was in side an officer pulled into the lot. My wife says he about hit our car and then backed into a spot at the end of the building in a one row parking lot so like 5 spaces away from us. I came out got... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2023

This question is confusing to say the least. You should reach out directly to criminal defense attorneys to discuss the matter and what legal or factual issues you might have in this case.

View More Answers

2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: On December 12 I was pulled over in Burnsville MN. The complaint is full of holes, and miss guided not truths.mm

I had for gotten bringing wheels at home so I stopped at a local business to get more. While I was in side an officer pulled into the lot. My wife says he about hit our car and then backed into a spot at the end of the building in a one row parking lot so like 5 spaces away from us. I came out got... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 13, 2023

The question raises the issue of whether the police officer has a reasonable suspicion to justify the initial stop. If a judge agrees the police officer did not, then the charges would be dismissed. Lawyers are trained in law school to generally avoid contacting non-clients about representation,... Read more »

View More Answers

1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: What are the odds of DANCO be dismissed, interfere with 911 call if this is his first offense? If the victim contacts

The prosecution office to put in her request to have it dismissed as they have small children and she wishes to work on the marriage?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2023

Asking someone to give you "odds" on the likelihood that a DANCO will be dismissed/cancelled in these circumstances is unrealistic. That depends on a number of factors such as where the offense occurred; whether there is any prior criminal history; what the exact allegations in this case... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can I sue my manager for making a racist remark and being biased?

I was helping a elderly couple who came to MN since 6/2022 from Laos do their first time State ID. It took me about half an hour to get it done. The next day I was called into the office by my manager to ask why I took half an hour to do a simple transaction that can take 15min. I explain to my... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2023

This is not a criminal law issue. I'm not sure that suing your manager would be particularly beneficial unless your manager has deep pockets. I suggest that you report the manager to his higher ups and allow them to address the issue internally.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: If I sign a voluntary no trespass order and I choose to revoke my signature, does revoking make the order null/void??

I left a residence and the property manager basically said to sign a voluntary no trespass order so that they would end up having to get police involved later on if there were issues between my girlfriend and I. Which at the time I decided to sign the paper and then a few months later my girlfriend... Read more »

Robert Kane
Robert Kane
answered on Mar 12, 2023

A court order requires a judge's signature, not yours. I am not sure what you signed and what, if any, legal significance it has.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: how can i use my constitutional right to aide me in getting the label of a canceled I.P.S. of of my record.
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 11, 2023

Your constitutional rights may not directly apply to the process of removing the label of a canceled I.P.S. from your record, but there may be legal avenues you can pursue to achieve this goal.

If you believe that the label of a canceled I.P.S. on your record is unjust or incorrect, you may...
Read more »

2 Answers | Asked in Products Liability, Traffic Tickets and Consumer Law for Minnesota on
Q: dealership processed a transaction for a vehicle in my name without consent I found out because of a ticket on the car
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 10, 2023

There isn't really a question here. Plus it is not a products liability issue. I'd suggest reaching out to some consumer protection folks directly to deal with this issue.

View More Answers

Q: Can I be charged with things not on a warrant . Say the warrant was for stolen stuff but cops got me with bullets and dr

Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that... Read more »

Sarah Gad
Sarah Gad
answered on Mar 10, 2023

I do not know the full circumstances of the situation and cannot answer your question specifically. Generally speaking, a warrant has to state with particularity the items to be searched and seized. The police must request a warrant signed by a neutral third party (i.e., judge or magistrate) unless... Read more »

View More Answers

3 Answers | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: I was falsely accused of domestic assault by my ex-fiance and there is a DANCO. Her family wants to testify. Can they?

My ex-fiance has a long history of making false accusations out of spite. Her whole family knows I am being falsely accused and they want to testify on my behalf. I told my public defender that they want to speak with him, but he said he is not allowed to talk to the victim's family because it... Read more »

Sarah Gad
Sarah Gad
answered on Mar 9, 2023

Your attorney is allowed to speak with the alleged victim's family. The alleged victim's family does not have to speak with your attorney, but the prosecutor prevent them from doing so if they wish to. The same goes for any other potential witness with pertinent information; the... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I have 4 citation tickets in total, 1 moving violation(stop lights or stop sign) and 3 speeding tickets.

However, the first ticket (Speeding ticket) was issued on August 2021 then the next two was issued on September 2022(Speeding ticket) and October 2022(Moving violation) then the recent speeding ticket was March 2023(Speeding ticket). I have received a warning letter after the first 3 tickets. As... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 9, 2023

It is unclear whether you have paid these tickets or resolved them. But in any event, I do not believe that you are at risk under the provision of four within 12 months. But you are at risk if you get another ticket between now an August 2023. The other issue you are going to run into is that... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Car put in my name I didn't proceed with purchase yet it's showing under me a ticket issued out of state

Ticket issue to me, registration under me even now I either want the vehicle at this point or be compensated the value due to this matter, the vehicle register says I own it I’m not sure who the actual owner is but the car says it’s registered to me this is fraud correct ?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 7, 2023

Your question is a little confusing. But you should certainly notify the state where the ticket was issued that you never ended up purchasing the car and you should provide them with information on who the owner is. If you do that, the ticket against you should be dismissed. You could also... Read more »

2 Answers | Asked in Family Law and Immigration Law for Minnesota on
Q: Hi I am a Indian citizen Green card holder , so want to my daughter marriage on phone it’s acceptable & legal or else ?

If yes where which official authority conduct & what documents requirements for both parties.

If yes how to apply for my daughter spouse visa ?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 7, 2023

It is not possible to have a legally binding marriage ceremony over the phone in California or under U.S. federal law. In order for a marriage to be legally recognized, the couple must have a physical ceremony in the presence of an authorized officiant, such as a judge, religious leader, or... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: If you are in a vehicle and you're the passenger and the police tells you to please step out of the vehicle because you

I have lost your Fourth amendment right but that's all they said to you and so you stepped out to be here going to go search is that against the law

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 5, 2023

It may depend upon what happened before that. But if police have a lawful basis for the stop and search a car, a judge would likely say they can ask a passenger to step out.

View More Answers

2 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was charged with a DUI refusal in MN, 8 months later the case was dismissed. How can I get my license reinstated?

The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 2, 2023

Unfortunately, Minnesota has an "implied consent" law, that allows the state to administratively revoke the driver's license upon an alleged chemical test refusal (separate and in addition to the DWI-criminal law). That statute requires any legal challenge to that administrative... Read more »

View More Answers

1 Answer | Asked in Education Law for Minnesota on
Q: how do you avoid answering questions in court
John Michael Frick
John Michael Frick
answered on Mar 2, 2023

If the questions potentially incriminate you of a crime, you can “plead the Fifth.”

You should consult an attorney in or near the county where you have been called to testify about doing so.

There are other possible privileges you might be able to claim as well to avoid...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.