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Questions Answered by Joseph A. Gangi
1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: I signed a paper saying if I could no longer keep my dog I have to return it back to them then with my initials after .

Do I need to give the dog back or can I find it a new home

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

It sounds like you signed a contract. You should seek the advice of a contract attorney to review the contract and assess your rights and obligations under it, and also potential consequences for breaching the contract.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Traffic Tickets for Minnesota on
Q: Is there Constitutional rights to travel without a license in a motor vehicle in Minnesota

I recently got a ticket for driving on a cancelled license but I was parked at a gas station and the police were called there for another person but because that person came and sat in my car they searched my car and towed it I was not on drugs or drinking i simply was minding my own business

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

No, you do not have a Constitutional right to a driver's license.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I have recently received my first traffic citation and need help on whether I have legitimate grounds to contest.

I am only 17 years old and I was driving at night in a car i'm not fully familiar with. Police lights went up behind me, but I drove in a steady panic for what could've only been half a mile before pulling over (I unfortunately did not put up hazard lights). The officer pressed me on why... View More

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

No one can predict what a judge will do with your facts. The judge will use the applicable legal standard and decide whether you committed the traffic violation or not. A charge of resisting arrest does not seem likely.

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can two people BE charged for the same crime if ONE of them is doing time for the charge and a person decides to come fo

Can two people BE charged for the same crime if ONE of them is doing time for the charge and SOME ONE reports that it was another person involved 2-3 years later. Can the person who they report with accusations not in custody BE charged are arrested for that crime that has already been to trial and

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

Yes, two people can be charged with the same crime. The statute of limitations depends on the crime charged.

1 Answer | Asked in Criminal Law, Constitutional Law and Civil Rights for Minnesota on
Q: can i have a gun with restraining order against me
Joseph A. Gangi
Joseph A. Gangi
answered on Sep 2, 2016

Generally speaking, a harassment restraining order does not, in and of itself, prohibit the possession of firearms. An order for protection might.

1 Answer | Asked in Criminal Law for Minnesota on
Q: My husband called 911 said "I just hit my wife" I told them he did not, no prior dv so how do I help him in court?

He was intoxicated, he shoved past me and I fell, knocked myself out on the wall/vent putting a hole in it. Came to as he told dispatch he hit me and heard door shut, he was later found in the back yard. Told dispatch he didn't hit me and not to send officers. Told officers immediately that he... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

Contact the victim-witness coordinator and/or the prosecutor. They will listen to your statements in the context of all the facts and make decisions accordingly.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can my dad's employee legally deny him of a paycheck because he did not give a two week notice?

My dad had a temporary job this summer and his boss did not give him his last paycheck because "he did not turn in a two week notice". If my dad did not sign any document in which he agreed to give up his last paycheck if he did not turn in a two week notice, can the employer legally deny... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

Short answer: No. Contact an attorney or the MN Department of Labor and Industry.

1 Answer | Asked in Employment Law for Minnesota on
Q: My boss just gave me an opption, go 100% commission, or resign with 30 day notice and she'll help me find a job

If I resign with 30 day notice (because I need the benefits for that month) is there a chance I can still get unempoyment after the 30 days. Or do I let them fire me

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

If you quit for good reason caused by the employer, you may qualify for unemployment benefits. This is a rather limited exception. Whether this change is a good reason caused by the employer will depend on the particular facts involved.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: DUI / Female : 61 yrs old No tickets or prior drinking citations Should she request a Continuous for dismissal

Blood alcohol measured at .11

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

It does not hurt to make the request, but do not be surprised if the prosecutor does not agree with the request. It is highly advisable to get an attorney to help you through this.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Landlord says we can have a dog. Signed lease only because of this. Now he says no dog. Is this misrepresentation?

Before signing asked landlord about dogs. He said we could have dogs. That is the "only" reason we signed the lease at all. Now we are 6 months into the lease and about to pick up the dog from the breeder 2 months. We let the landlord know so that we could pay the pet deposit. But now he... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

Sounds like a reasonable argument, but do check the terms of your lease agreement, there may be a specific clause about pets and there may be a clause dealing with oral representations.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Landlord inspection but he didn't show up on the date. Can he still enter at any time the following week?

No call to say not showing up... Or reschedule.

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

He needs to make a good faith effort to give reasonable notice of his intent to enter.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Can I back out from buying a house?? Is it true that my agent will get sued if I back out?? PLEASE HELP!!

Hi. We are supposed to close on the house in 7 days but I don't want to buy the house anymore. We don't think we can afford it plus my husband has been having a hard time on one of the jobs I know that should have been thought first thing, but we were so excited at first that we didnt... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

Check your purchase agreement and see what the default terms and remedies are. Check with your lender and see if you still qualify for the loan. It is not a bad idea to notify the seller -- they might have a back-up offer ready to go or they may be fine with simply keeping your earnest money.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My daughter got a DUI in MY car and they took the plates. Do I have to get whiskey plates?
Joseph A. Gangi
Joseph A. Gangi
answered on Nov 13, 2015

You should seek review of the impoundment order. The procedures are somewhat complicated so it is advisable that you seek legal counsel.

1 Answer | Asked in Family Law for Minnesota on
Q: I have full legal/physical custody,no father involvement in 7 years. Do I need his permission to change her last name?
Joseph A. Gangi
Joseph A. Gangi
answered on Nov 10, 2015

Generally you need to provide the non-applicant parent with notice of the name change / hearing. You should hire an attorney to make sure this is done properly.

2 Answers | Asked in DUI / DWI for Minnesota on
Q: Charged with a DWI, pled guilty to a careless, was on private property. Is this proper ruling? In MN is this proper?

because of guilty plea, medical bills are now my responsibility. Yet in MN, I believe that a person can not be found guilty of careless driving while on private property? The injured party had no seatbelt on and interfered with the driver which directly caused the accident!

Joseph A. Gangi
Joseph A. Gangi
answered on Nov 10, 2015

I assume you were ordered to pay restitution? You will want to meet with a criminal defense attorney and discuss withdrawing your plea. But should that happen, you will face the DWI charge all over again.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Im 18 and received a consumption of alcohol under 21 citation in MN. Is this a petty misdemeanor?

Whats the best advice you can give?

Joseph A. Gangi
Joseph A. Gangi
answered on Nov 10, 2015

Underage consumption is a misdemeanor. In some cases, a plea to a misdemeanor offense may be deemed a petty misdemeanor. You should consult with a criminal defense attorney.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a 14 yr old girl and a 17 yr old boy date in Minnesota as long as there is no sexual activity

both parents are ok with them dating but a family member said she is a mandated reporter and would report them for dating?

Joseph A. Gangi
Joseph A. Gangi
answered on Aug 11, 2015

Dating is not a crime in Minnesota. Certain sexual activity is. What you describe does not sound like it rises to the level of a mandated report. It is illegal to make a malicious or reckless false report. You may wish to consult with an attorney to address the specific facts of the case.

1 Answer | Asked in Criminal Law for Minnesota on
Q: Do you have to testify even if you are subpeoned against your spouse for domestic violence or can you pled the fifth?

Inminnesota

Joseph A. Gangi
Joseph A. Gangi
answered on Aug 11, 2015

Minnesota law may prevent one spouse from testifying for or against the other, and may prevent testimony concerning marital communications. You should consult with an attorney to see if this applies to your specific situation.

1 Answer | Asked in Federal Crimes for Minnesota on
Q: What does it mean to affirm the conviction, vacate the sentence, remand for resentencing applying the ACCA enhancement ?
Joseph A. Gangi
Joseph A. Gangi
answered on May 13, 2015

It means your conviction is affirmed, but there was an error in sentencing. The appellate court decided that you should have been sentenced as an armed career criminal so your case will go back before the judge and your sentence will in all likelihood increase.

1 Answer | Asked in Criminal Law for Minnesota on
Q: what are the rules on a 17 year old dating a 27 year old male in mn if the 17 year old turns 18 in 4 months
Joseph A. Gangi
Joseph A. Gangi
answered on May 13, 2015

Generally speaking, so long as the 27-year old male is not in a position of authority over the 17-year old or does not have a significant relationship to the 17 year-old, there should not be any problems. However, because every fact-pattern is unique, you should consult with a lawyer for a more... View More

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