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Questions Answered by Joseph A. Gangi
1 Answer | Asked in Constitutional Law and Criminal Law for Minnesota on
Q: 609.749.5(a) (b) a "pattern of stalking conduct" means 2 or more acts within a 5 yr period. Acts ir convictions?

My main question is if a person has not been charged with any crimes prior but does have hro, should they even be charged under Mn statute 609.749.5(a)? Is a danco constitutional at arraignment? Was never arrest for domestic with party.

Joseph A. Gangi
Joseph A. Gangi
answered on Apr 20, 2017

If you have been charged with this crime, you should hire a criminal defense attorney and discuss this statute in more detail. There may be arguments you can make in favor of dismissal.

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: If court is scheduled in Iowa for a minnesota resident, can the case get transferred to minnesota?

Court hearing is scheduled in Iowa but the person is a Minnesota resident. Is there a way to get the hearing/ case transferred so the resident doesn't have to leave their home state?

Joseph A. Gangi
Joseph A. Gangi
answered on Apr 20, 2017

If the person is accused of violating Iowa law, then that person must answer to the State of Iowa.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Unable to make balloon payment in contract for deed, can we be sued for amount owed or can we just walk away?

7 year contract for deed for a lake property. We had a 20% down payment and have paid a large amount in monthly payments. In total we have paid over half of the purchase price. With permission from the seller we've been trying to sell for 3 years. If we are unable to sell we'd like to cut... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Apr 20, 2017

The seller will likely send you notice of cancellation of contract for deed and if you fail to cure the default you will lose your prior payments / equity, and the property.

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a 15 year old have sexual relations with an 18 year old and if not can the charges of sexual assault be dropped?

I am 15 almost 16 and my 18 year old bf has been charged with 3rd degree sexual assault im curious once I turn 16 can I drop the charges my mother made??

Joseph A. Gangi
Joseph A. Gangi
answered on Mar 15, 2017

An interesting theory, but turning 16 does not take away the fact that you had sexual relations when you were 15, which is what the charge is based on. Of course, nothing prevents you from talking to the prosecutor or victim-witness coordinator about the case.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Received a citation for open container and unsafe equipped both misdemeanors should I pay fine or plead not guilty

Citation indicated I should either follow online directions for paying fine or call court administrator with questions.

No arrests were made

Joseph A. Gangi
Joseph A. Gangi
answered on Mar 15, 2017

This type of advice can be given only after a detailed consultation and typically only after an attorney-client relationship has been created. If you do pay the fine you are admitting your guilt and you will be convicted.

2 Answers | Asked in DUI / DWI for Minnesota on
Q: Is it possible to get a license that has been cancelled IPS back without doing ignition interlock?

DWI in '12, '92, '91, '83

Joseph A. Gangi
Joseph A. Gangi
answered on Mar 15, 2017

You generally need to go through the rehabilitation process, which includes ignition interlock.

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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: took land lord to court 4 rent escrow. I have no lawyer and can't get help in our system. Lawyer threatened me.

There lawyer stated if I go forward with escrow he will make me lose everything. my sec8 etc..I have brain injury can't get help in our system. 6 years of health issues they will not fix problem in my unit ! Doctor statements have stated to fix issue also. Can't move no money , but issue... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Mar 15, 2017

If you cannot afford a lawyer, contact a legal services or other legal aid agency to see if they will provide you with assistance.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: If you sign a 3 month contract w/RE agent & later change mind about selling home, any way you can get out of contract?
Joseph A. Gangi
Joseph A. Gangi
answered on Oct 13, 2016

Check the terms of the contract. Usually they have an "opt-out" or similar clause. You can also simply agree to cancel the contract. I suggest consulting with an attorney - a review of your particular facts and the contract will provide you with the best guidance.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: i was charged with assult 3 years ago now the person is admitting she made everything can charges be dropped

my whole life went from very normal to now im not sure from day to day of my fate in 2013 my daughter said i choked her i never would harm anyone, for sure not my child. i pled guilty to as i understood to get order of protection dropped and to go home after 3 days in jail i have never been in any... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Oct 13, 2016

Speak to a criminal defense attorney about filing a petition for post-conviction relief.

1 Answer | Asked in Criminal Law for Minnesota on
Q: If a 15 and an 18 year old are dating, but not having sex, is it legal?
Joseph A. Gangi
Joseph A. Gangi
answered on Oct 13, 2016

Dating is not illegal. Certain forms of sexual contact (even apart from intercourse) may be illegal.

1 Answer | Asked in Small Claims for Minnesota on
Q: small claims question with documents

my ex borrowed about 5000 from me. After we broke up he was nice enough to sign a document that he would pay it back. it has been two months and he hasn't paid me at all and wont respond. The document has no witnesses but it has a electronic signature and a written one from each of us. we live... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Oct 13, 2016

If you are successful in court, you will get a judgment. There are different ways you can try to collect on that judgment.

1 Answer | Asked in Criminal Law for Minnesota on
Q: I need a pro bono criminal attorney to represent me on a misdemeanor false police report Anoka County.

The police came to my job on Friday morning February 5th ask questions didn't like my response arrested me outside of my hallway at my law office . Have never been arrested obviously lost my paralegal job . Arraignment March 29th 2015.. want dismissal and an expungement! HELP!!!!#

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 9, 2016

Apply for a public defender if you cannot afford to hire an attorney. If you do not qualify, you will likely need to hire private counsel to get the advice and representation you seek.

1 Answer | Asked in Criminal Law for Minnesota on
Q: I have a pre-trial hearing coming up May 2nd, 2016 regarding being arrested and charged with false information to police

I need to know if there are any pro bono or free representation being offered from any attorney on this website. I was arrested at my place of work I'm in the legal field and I lost my job because of this. Never been accused or charged with anything.. clean record. The police wanted to shut me... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 9, 2016

Apply for a public defender if you qualify. Otherwise, you need to hire an attorney to get the advice you seek.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Trying to find legal aid for my son. Domestic abuse - adjudicated in Pine Cty. Charges filed in Isanti Cty next day.

Arrested 04/2015 on 3 felony charges domestic violence. She dropped charges..state kept.

Case resolved 10/09/2015 in Pine Cty, MN.

Felonies dropped.

Convicted 1 count misdemeanor domestic violence.

Same exact charges filed again 10/10/2015 in Isanti Cty, MN.... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 9, 2016

Legal aid does not typically handle criminal cases. Have him apply for a public defender.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: Appeals Judge Being Mislead/ Does the appeal Judge have the authority to reverse it's order without appeal request

The County supplied false and misleading information nor complied with the rules of evidence in direct violation of the District Court Order of which the decision was in violation of.

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 9, 2016

Your question is confusing. The appellate court does not have jurisdiction to reverse a trial court decision unless an appeal is filed. If an appeal is filed and you disagree with the appellate court's decision, you must petition for review in the supreme court.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: One wk ago, I verbally agreed, over the phone, to sell some Mn hunting land to a party Now I got a better offer.

Am I legally bound to this verbal agreement?

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 9, 2016

Generally speaking, contracts for the sale of land must be in writing to be enforced. There are exceptions to this rule. You should consult with an attorney to get an answer specific to your situation.

2 Answers | Asked in Civil Litigation for Minnesota on
Q: What are the laws regarding the sheriff serving judgement papers in Minnesota

They served the papers to my brother who is a minor never spoke with me and no parents were at the house

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 9, 2016

The sheriff can leave papers with a person of "suitable age and discretion" who resides there. Typically this means anyone 14 or over, but can also mean minors under 14. This is a very fact intensive question. If you need to respond to the papers, you should do so. Even better, go... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Minnesota on
Q: Get out of mobile home lot rent.

We rent a lot a mobile home we don't own sits on. The owner is deceased. We don't live there anymore. Do we have the right to "walk away" or what rights do we have? My fiance' is the next of kin to the deceased, but hasn't filed for executorship as of yet.... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 2, 2016

If your agreement is month-to-month, you may cancel the agreement by giving notice in writing. Timing depends on when rent is due, so usually one month notice is required.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: If you bring up issues in your direct appeal can they be later brought up and argued again
Joseph A. Gangi
Joseph A. Gangi
answered on Sep 2, 2016

I assume you are referring to a criminal appeal and the possibility of raising issues in a post-conviction petition. Generally speaking, the answer is no. This is referred to as being "Knaffla-barred." There are very limited exceptions to the general rule.

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Minnesota on
Q: should the pet policy be clearly stated in the lease agreement?

In the lease agreement it says under pets ' I may not keep any animals of any kind without the written consent of management.' I emailed my landlord asking to have a pet and she tells me her pet policy and that it'll be a $200 damage deposit. But her 'pet policy ' was... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 2, 2016

You need written consent -- but you won't get written consent without paying the $200. If you have a pet without written consent, that would be considered violating the terms of your lease and could be grounds for eviction.

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