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Questions Answered by Robert Kane
2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: In some criminal prosecutions why do they focus on the smaller picture instead of the biggger picture?

If a truck driver is pulled over with a large stash of drugs its common sense to arrest them. But what about the fact that they are the truck drivers who are doing the dirty work and possibly threatened under duress? With people being afraid to talk they generally get charged with everything... View More

Robert Kane
Robert Kane
answered on Apr 16, 2024

Unfortunately, those truck drivers are unwilling to assist law enforcement in bringing those truly responsible for the crimes to justice.

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2 Answers | Asked in Business Law, Criminal Law and Gov & Administrative Law for California on
Q: Can I legally carry a concealed firearm in my workplace in California if I have permission from the Business Owner?

I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.

Robert Kane
Robert Kane
answered on Apr 16, 2024

Although the business owner's permission may be necessary, it certainly isn't the sole authority. It won't be an absolute defense, and I doubt the owner will take all the responsibility if things go wrong.

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2 Answers | Asked in Divorce and Family Law for California on
Q: I live in California. We are filing Divorce. Gift money from his mom all goes to him?

When we bought a house, She gifted money for house down payment $150,000 for us to settle in new house and new life. We moved here from Virginia. Also she wanted to my boys to live in great school district. He does not have any letter said

That money is gift for him. He thinks those money... View More

Robert Kane
Robert Kane
answered on Apr 16, 2024

He (and his parents) will need to provide evidence it was a gift to him alone. There should be evidence other than a letter too.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: "No Minnesota driver's licence" citation, but I have valid foreign drivers license while less than 60 days in USA.

I'm on a business visit from 1 month ago in USA. USA embassy told me I don't need international drivers license in USA, and I just got a citation. What can I do?

Robert Kane
Robert Kane
answered on Apr 13, 2024

A little more information would be helpful. What was the citation for? A citation will provide you some direction itself. Are you still in the country? Arrangements for remote appearance or attorney only appearance may be possible.

2 Answers | Asked in Criminal Law for Minnesota on
Q: What are consumer rights regarding illegal items in a repossessed vehicle?

If a car is repossessed without warning and taken by a tow company and stored on a lot, does the repo company inventory items? If so, What happens in a scenario where illegal items that carry felony level charges are found? Example: small amount (5th degree?) controlled substance, paraphernalia.... View More

Robert Kane
Robert Kane
answered on Apr 11, 2024

Any illegal items should be turned over to law enforcement.

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2 Answers | Asked in Libel & Slander for California on
Q: Can I sue someone who defamed me online after two years of posting the defamation but is still there?

Two years ago, a woman falsely claimed in an online magazine article that while working for me, I sexually harassed her. She couldn't work for me because she had no work permit. She had suggested paying her in cash but I refused, so she retaliated with this accusation.

Despite the lack... View More

Robert Kane
Robert Kane
answered on Apr 11, 2024

Yes, you can "sue someone who defamed [you] online after two years of posting the defamation but is still there." Based on your post, you have some big hurdles to clear to make it worth it.

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2 Answers | Asked in Criminal Law for California on
Q: I'm looking to find information about a warrant that's been issued back in San Diego California for my arrest I have no

I have no details about the warrant but I can say I think someone has been using my identity because I have no idea why or what it's about at all . Can u please help me

Robert Kane
Robert Kane
answered on Apr 11, 2024

This should help you.

https://www.sdsheriff.gov/bureaus/court-services-bureau/warrants

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can physician use medical records that were obtained at the hospital ED during a medical malpractice case?

If a defendant was a Plaintiff's attending physician at the hospital, can physician use medical records that were obtained at the hospital Emergency Department during a medical malpractice lawsuit?

Robert Kane
Robert Kane
answered on Apr 11, 2024

Any medical records that would clear the physician of medical malpractice should be obtainable.

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1 Answer | Asked in Employment Law for Minnesota on
Q: Employer didn't reimburse for certificate and then I was laid off, should the employer be helping me get reimbursement?

Hi I was working under a company that said they would reimburse me for taking and passing a AWS certificate. Midway through my employment they dropped off and stopped even after I filled out the needed information for reimbursement. And then I got laid off and they're saying I should email... View More

Robert Kane
Robert Kane
answered on Apr 10, 2024

A policy isn't a contact, but it could be a factor in determining some disputes. I am not quite sure what you are seeking reimbursement for. It certainly wouldn't be an ongoing obligation once your employment ends.

1 Answer | Asked in Health Care Law and Medical Malpractice for Minnesota on
Q: How do I know if I have a case? I had major back surgery & about 4 months later, the rods cracked & had to be replaced

I had major back surgery on 8/30/23. I started PT in Dec. & and the week before Christmas, I developed major low back pain. My Ortho Dr gave me steroids, thinking I had pain from swelling. Didn't help. He requested CT's & MRI's to see what was going on. On the CT's... View More

Robert Kane
Robert Kane
answered on Apr 10, 2024

Quite simply, you need to consult with medical experts and medical malpractice attorneys.

https://www.mnbar.org/member-directory/find-a-lawyer

1 Answer | Asked in Public Benefits, Agricultural Law and Land Use & Zoning for Minnesota on
Q: Can county government take over township powers without having due process? Isn't a public hearing required?

This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".

Robert Kane
Robert Kane
answered on Apr 10, 2024

Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency.... View More

2 Answers | Asked in Divorce for California on
Q: I was divorced in 2015, We just caught my name was restored to my maiden name, did u legally have to change it?
Robert Kane
Robert Kane
answered on Apr 9, 2024

No, you do not legally have to change it, but it seems you.

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Can a California notary form a LLC in California?
Robert Kane
Robert Kane
answered on Apr 11, 2024

Yes, a California notary public can form a LLC in California. You have not, however, provide any details of the business purpose of this LLC. Relying on speculative responses to overly simplified question on a free online Q and A is unwise.

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1 Answer | Asked in Personal Injury for Minnesota on
Q: I have settled a lawsuit with opposing counsel, I am self represented and the opposing counsel is adding requirements

They are asking me to get signatures from non-parties, and writing the check to non-parties. Now they are ghosting me.

My question is, are there sanctions for them doing this including paying my lawyer to collect from them. It’s an insurance company but they have been very difficult this... View More

Robert Kane
Robert Kane
answered on Apr 9, 2024

Unfortunately, we don't know who these non-parties are. There may be legitimate reasons for these demands. If you don't have an attorney, you can't be awarded attorney fees.

3 Answers | Asked in Divorce for California on
Q: my parent died in August i am getting an insurance payout my husband wants it he kicked me out and restarted divorce ?

i want to know if i have any obligation to give this monry to my husband. he id financially abusive. He kicked me out of my home and had the lady who lives there put a stalking order on me. I should be grieving. Is this my property or community?

Robert Kane
Robert Kane
answered on Apr 9, 2024

Any money received as a beneficiary would not be community property.

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1 Answer | Asked in Libel & Slander for Minnesota on
Q: If someone under investigation for a crime falsely implicates you, and you must defend yourself, are you also a victim?

While living with my ex-boyfriend, our apartment was served a warrant searching for CSAM child sexual abuse material. After his phone was taken, I helped him buy another phone. Months later, after we split, I was served a subpoena. He claimed that I bought him the phone that was taken and that I... View More

Robert Kane
Robert Kane
answered on Apr 9, 2024

You may want to contact the prosecutor and victim services. Since he wasn't charged for the acts you cite, it seems unlikely you are a victim in these proceedings.

2 Answers | Asked in Business Formation and Business Law for California on
Q: Can a notary in CA form a LLC
Robert Kane
Robert Kane
answered on Apr 9, 2024

Being a notary public does not prevent individual from forming an LLC.

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2 Answers | Asked in Child Support for California on
Q: If a 17 year old left home and is currently living with a friend, should the child get the child support or does it stop

Parent was receiving child support but the child moved in with a friend due to a disagreement. The ex who was paying child support stopped payment. Does the child support stop or should it go to the child directly?

Robert Kane
Robert Kane
answered on Apr 9, 2024

The parent or legal guardian is entitled to the child support payments until the court decides otherwise. The payments will neither stop nor be paid to the child.

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3 Answers | Asked in Landlord - Tenant for California on
Q: Trying to exercise an option in a commercial lease that required a letter but my landlord told me not to send a letter.

After telling me not to send a letter my land lord terminated my lease and wants to offer me a much much worse lease. Is this fraud?

Robert Kane
Robert Kane
answered on Apr 8, 2024

A little more detail is required to determine your options. According to your post, you apparently informed the landlord you wanted to exercise the option. The landlord wanted a new agreement and told you not to put anything in writing regarding you exercising the option. After the time expired to... View More

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2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Are Walmart parking lots considered private property?

Long story short, I need to pay my car’s tags, it’s been a rough year so I kept putting them off with each disaster, and I’ve recently started getting parking citations for my car’s tags when I am at work. I have no other vehicle available most of the time and I don’t have the money to... View More

Robert Kane
Robert Kane
answered on Apr 8, 2024

A citation can be issued in a public parking lot. Most land owners don't want their property to be safe havens for illegal activities.

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