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Questions Answered by William Bailey
3 Answers | Asked in Criminal Law for Minnesota on
Q: I need advice on a theft by swindle.

I was selling my birds. A lady contacted me to purchase them, and proved she would not care for them right. I told her no, and kept looking. A guy contacted me and told me he would take the birds to his home in Wisconsin, where just he lives, and they would be his birds. 2 months later the woman... Read more »

William Bailey
William Bailey answered on Mar 1, 2021

I don’t believe there has been a theft. It sounds like you sold birds to someone who then did something you didn’t like with them.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can an officer write a ticket if he wasn't present at the accident? Is that considered hearsay?

I got in a traffic accident. The trooper who issued the charges against me was not at the scene of the accident.

William Bailey
William Bailey answered on Feb 26, 2021

An officer can issue a citation if they have reason to believe a law was violated. If you want to contest the charges, you should contact an attorney and set up a free consultation.

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3 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

William Bailey
William Bailey answered on Feb 22, 2021

Generally a plea is entered at the Omnibus hearing. It is not clear what stage the case is at. This person needs a criminal defense attorney ASAP as this charge can carry heavy penalties.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was 15 when issued a felony warrant when I turn 18 will it go away if never charged

Honest answers plz

William Bailey
William Bailey answered on Feb 18, 2021

No. If there was a warrant it is likely still active. They do not just go away. You need to have an attorney help you get this cleared up.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I was 15 when i was issued a felony arrest warrant I am currently 17 turning 18 very soon

I need honest answer

William Bailey
William Bailey answered on Feb 17, 2021

You haven’t posted a question so I assume your question is, how soon should I get and attorney? The answer is as soon as possible if you want to fight it. If not, wait to be arrested and go to jail.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: I got 'request for initial evidence' after I applied for I-485

I applied for marriage based green card last September after getting married to a US citizen.

I entered the country on 2018 with J1 visa and I in the process of changing my status from J1 to green card.

We had applied for K1 visa in March 2020 because I was planning to go back to... Read more »

William Bailey
William Bailey answered on Feb 17, 2021

You should hire an immigration attorney to help ensure you don’t make costly mistakes.

3 Answers | Asked in Criminal Law for Minnesota on
Q: Can law enforcement keep your vehicle even if you weren't in it?

I live in MN and my 39 year old son who doesn't live with me took my truck and ended up hitting a parked car (very little damage) leaving the scene, then out running the cops. Now they are telling me they can keep my truck, is this true? I knew nothing about it Thanks So Much... Read more »

William Bailey
William Bailey answered on Feb 16, 2021

It sounds like they are holding it as evidence possibly. You should have an attorney help you get to the bottom of this and help get the vehicle returned.

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1 Answer | Asked in Civil Litigation and Consumer Law for Minnesota on
Q: I believe I may have a false advertising case.I have screen shots of the claims and tracking info.

Dumerth.com

Advertises made in and ships from Boston, MA and it comes from Shenzen, China and they couldn't uphold their VIP shipping contract of 3-7days as well.

No damages yet. Was buying under the impression it was American made. Misleading. I wouldn't have purchased if... Read more »

William Bailey
William Bailey answered on Feb 16, 2021

What are your damages? As a general rule, without damages lawsuits aren't worth the time and effort they take.

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a ticket for accidentally parking in a handicap parking spot. Could it be dismissed if it's my first ticket?

Is it possible to avoid a official record? Are there loopholes on avoiding charges and or paying a fee instead without having a record ruined?

William Bailey
William Bailey answered on Feb 16, 2021

You can try to negotiate with the prosecutor to keep this off your record. Better yet, have an attorney take care of it for you.

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1 Answer | Asked in Federal Crimes for Minnesota on
Q: 1n 2002 I had a dismissed 5th degree assault.I received a permit to purchase in minn.a couple months ago.And was denied

My son testified and ther getting out after 10 years.a third party said jf they dont fint my son I could be in danger.there very dangerous

William Bailey
William Bailey answered on Feb 15, 2021

Your post doesn't make sense. You should consult directly with an attorney for help with your situation.

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Minnesota on
Q: Does Delaware use the same definition for dog and cat fur that federal law does?

Hello, I'm not a resident of Delaware, but I was wondering how the state defines "fur" and "hair" in the law banning the sale or trade of dog and cat fur/hair. Federal law defines dog and cat fur as a pelt--any fur or hair with skin attached--and so do other laws for other... Read more »

William Bailey
William Bailey answered on Feb 15, 2021

Your question involves Delaware law. You would need to contact attorneys in Delaware for help with this.

1 Answer | Asked in Civil Rights for Minnesota on
Q: Can the police search your home without you there
William Bailey
William Bailey answered on Feb 15, 2021

Yes. If police have a warrant, probable cause, or an exception to the warrant requirement they may search your home even if you are not there.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Can the police search your house without you there
William Bailey
William Bailey answered on Feb 15, 2021

Yes. If the police have a warrant, they do not need to wait until you are home to conduct their search.

1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: I adopted a dog w/binding contract from a rescue in Texas I am also in rescue I let him stay with my sister she passed

on 2/10 in an apt fire in Lindstrom I called the landlord to see if the pup had made it He said yes I told him i want my dog back and asked if he could drop at a relatives house 5 blocks away he said yes then he started yelling at me saying I want the dog repeating himself I told him no I want the... Read more »

William Bailey
William Bailey answered on Feb 15, 2021

Your post is difficult to follow, but it sounds like you want to report the dog stolen. You can report it to police but there is a good chance they tell you it is a civil matter to be candled in civil court.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I think I have hpd disorder. I'm continuously violating ofp by text and phone I'm having such a hard time stopping

Would having having that disorder help me in court at all since it's so impulsive I feel like I don't have control over it even though I'm going to therapy to try I'm still breaking it Non-Stop and it's going to take time to get over that urge me and always keep on adding up these things

William Bailey
William Bailey answered on Feb 15, 2021

This will not be a defense to the violations, but it could mitigate your sentence. It sounds like you need a lawyer to help with the violations, a mental health professional to help with the compulsion, and a plan to ensure you are not able to contact the protected party anymore.

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1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: My best friend got a dog 6 yrs ago. She travels for work, knowing I was already helping take care of her cat, I begged

Her not to get one. The 1st 2yrs I had the dog every other week plus any personal holidays she took. The next 3 yrs I had him from Sat mid=afternoon until Friday morning. (Yes 5=6 days per week) Occasionally Thurs pm if I brought him to her. Then covid. No Travel. We shared for almost a year, but... Read more »

William Bailey
William Bailey answered on Feb 11, 2021

If you take something that isn't yours you have committed a theft. You could face both criminal and civil consequences.

2 Answers | Asked in Domestic Violence for Minnesota on
Q: Same building but different apartment?

My ex moved back into the apartment building where I still currently live in the apartment we used to share until the DANCO was put into effect. She moved to a different town but is now back and living in a different apartment on the floor above me. Is this a violation of the DANCO?

Her... Read more »

William Bailey
William Bailey answered on Feb 11, 2021

Who is the protected party? Without knowing that, it is impossible to give any meaningful advice.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I need help taking care of some traffic tickets for no insurance
William Bailey
William Bailey answered on Feb 10, 2021

Contact a couple attorneys to go over your options.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: My friend was booked into a county jail.on pending murder charges. I looked in the roster. Wasn't on there.

Vinelink says that he was out of custody - missing resync record. Whats does this mean, and where is he being held?

William Bailey
William Bailey answered on Feb 10, 2021

Contact the jail to see what the status is.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Does the Dimler rule apply for 54 in a 45, or not because it was not a 55 or a 65 speed limit zone?

My son received a 54 in a 45 speeding ticket. The office said it would not impact insurance since it was only 9 over. In reading the statutes, this seems fuzzy when it’s in this speed limit zone.

William Bailey
William Bailey answered on Feb 10, 2021

The Dimler Amendment would not apply here. However, an attorney may be able to help find another way to keep this from hitting the driving record and impacting insurance rates.

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