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Questions Answered by Joseph A. Gangi

1 Answer | Asked in Animal / Dog Law for Minnesota on

Q: My neighbor has horses he is never home the horses get out run into my yard damaging my property and animal.

law inforcement said they wrote him a ticket but it keeps happening what can i do?

Joseph A. Gangi answered on Jul 24, 2017

Talk with a lawyer about bringing a lawsuit under the "running at large" statute

1 Answer | Asked in Legal Malpractice for Minnesota on

Q: how do I find out if someone is actually a lawyer,

Joseph A. Gangi answered on Jul 24, 2017

Search the Minnesota Attorney Registration System (MARS) database online

1 Answer | Asked in Civil Litigation and Small Claims for Minnesota on

Q: Is there a length of time u can take a ex gf to small claims court over money that I feel she owes me?

Joseph A. Gangi answered on Jul 24, 2017

Yes, it is called a "statute of limitations" and the amount of time varies based on the claim.

2 Answers | Asked in DUI / DWI for Minnesota on

Q: Am I required to have DUI plates on my vehicle even though I was not with during the incident

My husband only drives the vehicle he was driving at the time of the incident it now has intoxalock and DUI plates he legally cannot drive my car as it is not equipped with intoxalock he is the co-owner of the vehicle but does not drive it am I still required to Have DUI plates even though I was... Read more »

Joseph A. Gangi answered on Jul 24, 2017

"The order must require the impoundment of the registration plates of the motor vehicle involved in the plate impoundment violation and all motor vehicles owned by, registered, or leased in the name of the violator, including motor vehicles registered jointly or leased in the name of the violator... Read more »

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1 Answer | Asked in Employment Law for Minnesota on

Q: If I as terminated for something that I was specifically told I would not be fired for and they did later on terminate

the employee . During termination then was told to call HR if had any questions. When called HR was then told could not answer questions regarding the termination. Do I have grounds for legal action?

Joseph A. Gangi answered on Jul 24, 2017

It depends on what they fired you for, whether you have a contract, and other factors.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: I am being charged with a domestic assault where nobody was touched, and the prosecutor is using my juvenile record

I am being charged with a domestic assault where nobody was touched, and my wife didn't even want to press charges. The prosecution is using charges from when I was a juvenile as his case to show I'm a violent person. These charges were from 1998 when I was 16, I am now 34. The charges as a... Read more »

Joseph A. Gangi answered on Jul 24, 2017

These are great questions to ask your criminal defense attorney - get one as soon as you can.

1 Answer | Asked in Child Custody for Minnesota on

Q: I have joint legal custody since 2009. Overnight stays were verbally agreed upon later, but now she wants to stop that?

My ex and I have joint legal custody since 2009 of our son . It includes visitation agreements for 2 weeknight visits between 4 and 8 pm, and also alternate weekend stays between Friday (4pm) and Sun (7pm). Overnight stays on the weekdays I have him were verbally agreed upon later, and my son has... Read more »

Joseph A. Gangi answered on Jun 1, 2017

The court order. If you want to modify the order, go back to court.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on

Q: Can an employer ask you if you are a U.S. citizen in an application OR during an interview?

Joseph A. Gangi answered on Jun 1, 2017

Generally not. A permissible question is whether you are authorized to work in the United States. Citizenship is rarely a bona fide requirement of a job.

1 Answer | Asked in Sexual Harassment and Criminal Law for Minnesota on

Q: I live in Minnesota and I'm 17, is it legal for me to have sex with someone who is 22?

Joseph A. Gangi answered on Jun 1, 2017

The age of consent in Minnesota is 16, but there are some other factors that come into play, such as if the adult party is in a "significant relationship" or "position of authority" or if there are vulnerabilities involved.

1 Answer | Asked in Criminal Law for Minnesota on

Q: If its a fact that 156 days of time served did not get credited in a 67 month concurrent sentence in a Minnesota court

If its a fact that 156 days of time served did not get credited in a 67 month concurrent sentence in a Minnesota court order, and my lawyer confirmned and fi...a motion for a sentence reduction, will the motion be granted for sure 100%? How many buisness days does it take to get an answer for this... Read more »

Joseph A. Gangi answered on Jun 1, 2017

If you have a lawyer, then you need to direct your question to your lawyer.

1 Answer | Asked in Traffic Tickets for Minnesota on

Q: can a cop give you a wrecklass if he didn't see you do the crime? If he only heard it?

Joseph A. Gangi answered on Jun 1, 2017

Because every case is unique, and this one especially, a direct answer to your question is not possible. I suggest you set up an appointment with an attorney to discuss your specific situation.

1 Answer | Asked in Employment Law for Minnesota on

Q: I am bound by a non compete contract and want to move to competitor but employee says no.

Employer can't provide the job I'm seeking to better myself and career. Yet they say I can't go to this competitor. This is my only skill set that I am trained and educated in. I'm not sales. They are holding me back from more compensation and a better job for my family and me. What are my options?... Read more »

Joseph A. Gangi answered on May 9, 2017

The answers to your question depend entirely on the language used in the non-compete agreement itself and the circumstances surrounding this contract. You will likely need to pay an attorney to review this information and provide you with an opinion.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Minnesota on

Q: Is requiring someone to apply for a Driver's License taking away his or her right to Locomotion?

What does the Right To Free Travel mean or Right of Locomotion mean in regards to a "Traveler using the open road to transport himself and his private property from one place to another using the open roads or fairways? Isn't forcing a person to apply for a driver's license taking a "Right" and... Read more »

Joseph A. Gangi answered on May 3, 2017

No.

1 Answer | Asked in Criminal Law for Minnesota on

Q: felony criminal case not guilty plea entered how can omnibus hearing be waived?

felony criminal procedure hearing held under rule 8. Pre-trial hearing held not guilty plea was entered but omnibus hearing waived defendant did not give consent. Then the following day notice to intent to impeach was filed. No discovery report given by prosecutor nor ask from defendant. This is... Read more »

Joseph A. Gangi answered on May 3, 2017

Criminal procedure is highly complicated and the consequences of a felony conviction can be enormous -- you are advised to obtain legal representation as soon as possible.

1 Answer | Asked in Real Estate Law for Minnesota on

Q: I made an offer on a house contingent on the sale of mine. Another offer came in. My house is on brink of selling.

I had 72 hours to sell my house or my offer was canceled. Since I am so close to selling mine, is there any legal way to extend that 72 hours at all? It's been almost 5 months with no activity whatsoever....

Joseph A. Gangi answered on Apr 20, 2017

Ask the other party for an extension?

1 Answer | Asked in Real Estate Law for Minnesota on

Q: Buyer backed out day of closing. Claiming couldnt get financing due to unmarketable title.we have a court order granting

Gra ting quiet title to our property.now buyer wants earnest money and part of title costs.what can we do without spending money we dont have

Joseph A. Gangi answered on Apr 20, 2017

Do you have title insurance?

1 Answer | Asked in Criminal Law for Minnesota on

Q: I have been charged with felony test refusal in mn. I complied with all field sobriety tests including the pbt.

I was taken to the county jail and asked to take another breath test. I told the officer i wanted to talk to My attorney. I ased for a Minneapolis mn phone book (the dwi/test refusal happened in bemidji mn, aprox 4 hours from Minneapolis). I also asked the officer for my cell phone to look up my... Read more »

Joseph A. Gangi answered on Apr 20, 2017

You may have an argument depending on the circumstances. This would be a great question for your attorney after discussing the particular facts of your case.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on

Q: About to close on a duplex, can I start taking applications for renters before the closing so tenants can move in after?

Can I list the units and process applications before closing on the duplex so I can have tenants in the day after closing?

Joseph A. Gangi answered on Apr 20, 2017

If you enter into a binding contract, but for whatever reason you cannot perform, you may be liable for damages.

1 Answer | Asked in Family Law for Minnesota on

Q: My daughter terminated her legal rights to her daughter, does that mean my legal rights have been terminated as well?

Joseph A. Gangi answered on Apr 20, 2017

Grandparents may have certain rights - you should make an appointment with a family law attorney before it is too late.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Minnesota on

Q: Is it possible for a lease to be both an at-will or month to month and a fixed term . It just seems contradictory

My lease states under the second paragraph term the initial term of the agreement is that the property is leased on a month-to-month basis starting on September 1st 15 and ending September 1st 16 my understanding is that a periodic lease or a month to month does not include a specified end date... Read more »

Joseph A. Gangi answered on Apr 20, 2017

It sounds like you have a year lease and you make monthly payments. Month-to-month means you or the landlord can terminate the lease with a month notice, but if you have a contractual right to the property for a year, then it doesn't sound like you have a month-to-month lease. The outcome will of... Read more »

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