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Minnesota Questions & Answers
1 Answer | Asked in Social Security for Minnesota on
Q: I can't find a lawyer for my SSI appeal is there no hope?

I had a lawyer file my initial application but I see now it wasn't filed correctly. I had no knowledge before about the date last insured which is 2015 and I have not worked since 2011. I do have assets so it makes things even worse and now from a car accident, I'm crippled up even worse... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 22, 2021

I'm not clear what part of your application you think was filed incorrectly. If your date last insured in in 2015 then you would have to prove that you became disabled before that date in order to be paid Title 2 disability benefits based on your work history. That can be really difficult but... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I have used my driveway for over 20 years now my neighbor says it’s on his land and I can’t use it? What can I do

The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2021

It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: I made an anonymous report about someone committing economic assistance fraud. They received a court summons.

Can their attorney gain access to my anonymous phone call?

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

Not necessarily. But they may be able to put two and two together to determine that you were the one who made the call. Presumably, the police reports would reference the anonymous call and what information was provided that resulted in the initiation of the investigation into the individual who... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: My ex and I were never married and we both want to do 50/50 with our two kids.

She has them on her medical insurance and I pay the daycare. We are still currently living together but I’m looking at moving out but in the same town so that the convenience for her if she needs help with anything and for the kids. I just want to know how we’d go about making an agreement or... Read more »

Corwin Kruse
Corwin Kruse answered on Jun 2, 2021

You can jointly petition the court to establish custody, parenting time, and child support. If paternity has not been adjudicated, you need to include that in your petition.

Daycare is one element of child support, as is insurance, and would be divided between you. You can get a...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I arrived at my ex house and she called the police because I was intoxicated from the previous night. The police had me

Leave the premises. I was too intoxicated to drive so I slept in my car. At some point, the cops were escorted my ex to her car, I had received a call that woke me and as she was getting in her car I waz pulling out. The police had weapons drawn and arrested me. My question is how can I prove I was... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 30, 2021

You’re not going to get a defense to your charges from asking a question on an online legal forum. You need an attorney who can review the allegations against you and then discuss what potential defenses you might have against the charges.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can someone be charged with possession of a gun when the gun was not found on body and the gun has no firing pin in it?
Thomas C Gallagher
Thomas C Gallagher answered on May 30, 2021

A person can be in criminal possession of a firearm even when not on their body. Read up on "constructive possession." Minnesota and the United States statutes contain many gun and gun-related crimes, including some for "replica firearms" and defining "firearm" to... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Marcos Garciaacosta
Marcos Garciaacosta answered on May 29, 2021

If you do not have a license to put the band there, yes you could be sued.

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1 Answer | Asked in Bankruptcy, Contracts and Tax Law for Minnesota on
Q: is my money exempt from levy?

a levy was filed on my husband by a CC company in Dakota county. There was $2880.00 frozen in our account because of it. My husband is currently in the Feds at FCI Gilmer in WV. He has been there for over 1 year. The judgement is for debt that was incurred before we were married or even knew each... Read more »

Timothy Denison
Timothy Denison answered on May 29, 2021

Open a. Ew account only in your name to protect yourself. If you can show that the money in this account that was seized came from your earnings, you should be able to recover it. You need to move fast as there are time limitations on filing such objections. I recommend you hire a lawyer to help... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Someone was beat up, thrown down the stairs and choked while under water was caught by her son.

She signed herself out of the hospital and died the next morning. Will he be charged with her death? If not why?

Thomas C Gallagher
Thomas C Gallagher answered on May 23, 2021

The question states that someone may have committed an assault crime, and implies that may have resulted in hospitalization. If true, that could lead to a felony assault charge. Most deaths are not caused by crime. But if there is evidence that a criminal act resulted in a death, a prosecutor could... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: In Minnesota do I have any rights as an unmarried partner to any money I have contributed to my partners home

I have made mortgage payments, property tax payments, and added value to his home

Corwin Kruse
Corwin Kruse answered on May 23, 2021

It is possible that you could have a claim, but it would not be in the family courts.

If you have evidence of the payments, you *might* be able to prove your claim in civil court. It is also possible, however, that the payments could be viewed as “rent” in exchange for living there.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Someone was beat up, thrown down the stairs and choked while under water. They ended up in the hospital.

She signed herself out of the hospital and died the next morning. Will he be charged with her death?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 22, 2021

That’s impossible to know with knowing what the cause of death was. That will require an autopsy at a minimum.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Uttering a forgery

I wrote a check to a lady who had a truck for sale, the check was bad as I didn't have the funds in my account, I am now being charged with uttering a forgery which is class h felony it says i can get up to 6 years in prison. They are stating that the detective contacted chase bank where i... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 20, 2021

I’m not sure where you are charged with this offense. Minnesota does not have class H felonies and does not have a crime of uttering a forgery. But if you were charged with a felony you do need an attorney. Do not represent yourself. Get an attorney on board before court.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I go about asking to be seen by a judge to get the danco dropped

I don't know what judge to ask for

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 19, 2021

You can certainly send something in writing. A copy would need to go to the prosecutor and the defense attorney. In that letter you would simply ask for the DANCO to be cancelled and explain why you are asking for that to occur.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: I'm trying to get a danco dropped my husband has done everything the courts have asked and we are in marriage counselor

It's been about a year and a half sents the incident he has done DPT and finished his probation he don't have to report anymore I keep asking the victim advocate what more do they want but keep dragon it on

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 19, 2021

You should contact the court directly to request that the DANCO be cancelled. The judge is the ultimate authority of whether the DANCO remains in the place. You could also have the counselor write a letter in support of having the DANCO cancelled.

2 Answers | Asked in Criminal Law for Minnesota on
Q: If I have a felony but I got an offer as a drop off as a misdemeanor and am I convicted to the felony or misdeaminor ?

I just wanted to know that and I also if I do an early charge do I need to have an attorney or not

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

You are charged with a felony. You absolutely need an attorney. With this offer, you will have a felony on your record until you successfully complete probation.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was charged with disorderly conduct. I am not sure what even for.

I didn't do anything before the police arrived. I walked through some yard, but I wasn't charged with trespassing. I didn't scream or cause any ruckus. It's basically retaliation from some neighbors, they called the cops and I wasn't even doing anything. They all got... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 15, 2021

Clearly you are accused of more than that. The accusations would be reflected in the police reports. You need to get an attorney involved to help get you out from under these accusations.

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3 Answers | Asked in Criminal Law and Animal / Dog Law for Minnesota on
Q: Firearms related question relating to dogs in the state of MN.

Say I was walking my dog, and I do not have a carry permit, would it be possible to find me guilty of carrying/concealing a pistol if it's concealed on my dog and not my person.

William Bailey
William Bailey answered on May 14, 2021

Yes. Look up constructive possession. They know your dog didn’t obtain the gun on its own.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is paying a traffic ticket the same as admitting guilt with a plea bargain?

I was offered a plea bargain to remove a ticket that wasn’t valid if I plead guilty to the other ticket. Is the omission of guilt the same paying it vs admitting it on paper in the plea ?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2021

Yes. Paying a ticket is the equivalent of a guilty plea. Now here you are getting the benefit of having a second ticket dismissed so that might a good reason to accept the agreement.

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: My assistant public defender quit. She poorly did my contested omnibus only challenge half of issus can i reopen it?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2021

I'm not entirely sure what you mean by your public defender quitting. A public defender cannot simply stop representing you. The Court could determine that you no longer qualify for a public defender or you could chose to proceed pro se, but a public defender cannot simply quit. A new... Read more »

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2 Answers | Asked in Copyright, Entertainment / Sports and Gaming for Minnesota on
Q: if copyrighted music is in a game, and you upload a video of the game with the music, is there copyright infringement

i had uploaded a video on youtube of beatsaber, in it there was copyrighted music, i got a claim from the music owners, i took the video down and deleted it, what can i do in the future to avoid copyright claims if there is copyrighted music in the game

Marcos Garciaacosta
Marcos Garciaacosta answered on May 12, 2021

Check with the music owner and see if they have distribution agreements.

You may be able to get some simple licensing to allow to do what you want.

Consult with an attorney for a better analysis.

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