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Questions Answered by Robert Kane
2 Answers | Asked in Criminal Law for California on
Q: Is a low cost expungement lawyer worth it?

I'm going for an early termination of probation. I was looking at some expungement lawyers that specialize in situations like this. They give fixed prices based on what you're going for and advertise themselves as being low-cost options. Should these types of lawyers be avoided, or do you... View More

Robert Kane
Robert Kane
answered on May 29, 2024

It really depends what specific lawyers you are talking about. There are law firm like companies that depend on marketing and signing as many clients as they can. Unfortunately, expensive lawfirms can be just as bad when it comes to attentiveness.

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4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Robert Kane
Robert Kane
answered on May 29, 2024

No, you cannot legally carry a gun while picking up your daughter.

Minnesota Statutes, section 97B.045, prohibits transporting a firearm in a motor vehicle unless the firearm is unloaded and either:

Fully secured in a gun case expressly made for that purpose, where the case is...
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3 Answers | Asked in Business Law, Civil Litigation, Contracts and Tax Law for California on
Q: Can a nonprofit organization demand a protective order for discovery

I've sued a nonprofit organization for breach of contract and corrupt practices. I've served all their requested discovery, but they are refusing to serve theirs without a comprehensive protective order that allows them to designate any document as confidential. If I agree to it, they... View More

Robert Kane
Robert Kane
answered on May 16, 2024

Yes, a nonprofit organization can and will be granted protective orders in discovery when appropriate. You assumption that because nonprofit organizations must disclose certain information for transparency reasons that any and all other information is fair game is incorrect.

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3 Answers | Asked in Family Law for California on
Q: where i can hire s good family lawyer at a low cost a trust worthy business im out in california
Robert Kane
Robert Kane
answered on May 13, 2024

Obviously, the recommendations of family and friends are a good place to start. Even if you are in Arizona, it's likely somebody knows somebody that can recommend a California attorney. I bet many Arizona attorneys are also licensed in California. Huge marketing and advertising campaigns... View More

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1 Answer | Asked in Family Law for Minnesota on
Q: If the last living parent of a minor want to voluntarily give up parental rights to the minor older siblings with out

having to go through the court system how would she go about it? The child reside in CA and the siblings are in MN. Would the siblings need to get a lawyer from MN or CA? Is a lawyer needed if she voluntarily give up her parental right? What kind of documents would be needed? The minor do receive... View More

Robert Kane
Robert Kane
answered on May 7, 2024

Termination of parental rights would require a court proceeding. If the child resides in California, California would have jurisdiction. A judge would probably need the mother to consult with a lawyer before granting her request. The child would most likely be appointed an attorney (or guardian ad... View More

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: HelloI have child support court to establish paternity and child support. Do I need a lawyer?

I have papers sent to me to take a voluntary paternity test since the mom gets public assistance. I have not submitted a sample yet. Court is in June.

Robert Kane
Robert Kane
answered on Apr 29, 2024

Without knowing the situation better or your expectations, I don't know if you need to hire attorney. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Limited-scope representation is when you and a lawyer agree that the lawyer will... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Minnesota on
Q: I have shared property easement with 9 owners. One owner is blocking access on both ends trapping other owners boat lift

1 Owner is blocking access both in and out at both ends of easement and trapping others boat lifts with her lifts on both ends. She is threatening Legal action if we move her lifts to access or move ours.

Robert Kane
Robert Kane
answered on Apr 24, 2024

Initially, you and the other owners should sit down and organize your thoughts. I would think contacting the county (or other governing body) with your complaint would be next. Then you should be able to determine what remedies are available. I doubt any attorney is going to advise you to... View More

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2 Answers | Asked in Divorce for California on
Q: Where can I find a probono divorce lawyer
Robert Kane
Robert Kane
answered on Apr 21, 2024

Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free.

Another option:

Limited-scope representation is...
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1 Answer | Asked in Family Law for Minnesota on
Q: If my parental rights were terminated can I still care for my son if his father allows it?

My parental rights were terminated by default in 2020. My son's father was given full custody. Can I still care for my son if the father allows me to? also, I have my discovery from my CPS case. There are many errors and false reports made by the case worker. I need help to get my rights back... View More

Robert Kane
Robert Kane
answered on Apr 20, 2024

I can't answer for specifically for you, but generally a parent with no parental rights would have the same opportunity to spend time with a child as anyone else with the permission of the parent or guardian. A petition can be filed to reverse the termination, but the chances of success are... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?

He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.

currently we live in CA.

It’s total equity $143,213.

I was living in the house and using a car before marriage, we were living... View More

Robert Kane
Robert Kane
answered on Apr 20, 2024

Spouses can (and do) claim many things in divorce proceedings that lack any factual or legal basis. This may be one of those situations. You shouldn't concede this reimbursement or equalization, but I didn't think you would even if some attorney on a free online Q and A told you to do so.... View More

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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I recently found out my mom had a life insurance policy at her time of death in 2010 that my brother received because he

Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?

Robert Kane
Robert Kane
answered on Apr 18, 2024

The specific facts of the situation will dictate how you should proceed. There are numerous questions that need to be answered. To start:

Have you confronted him?

The insurance company should have contacted all beneficiaries directly. Why didn't this happen?

How was...
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2 Answers | Asked in Divorce and Family Law for California on
Q: Is there a Free Divorce attorney would help me? I do not own any property, I am 70 yr only relaying only SSA.

I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?

Robert Kane
Robert Kane
answered on Apr 15, 2024

Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.

See:...
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3 Answers | Asked in Federal Crimes for Minnesota on
Q: What happens if you defend yourself with an illegal gun?

Let's say someone tries to rob you, and they point a gun at you, and in self defense you shoot them, but the gun you used was a ghost glock? Would you be able to get a self defense plea, or would you get charged for both, or would you only recieve a charge for carrying an illegal firearm?

Robert Kane
Robert Kane
answered on Apr 16, 2024

Self defense may address the shooting, but the punishment for the illegal possession related charges would likely be harsh. The blantant disregard for the law would justify an upward departure to ensure the individual doesn't possess firearms in the future.

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

Robert Kane
Robert Kane
answered on Apr 15, 2024

The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More

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3 Answers | Asked in Criminal Law for California on
Q: My wife's neighbor is trying to get a restraining order on me simply because I am an ex convict can she do that

She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More

Robert Kane
Robert Kane
answered on Apr 13, 2024

It is certainly an unfortunate situation.

She would need more evidence than that you are an ex-convict to convince a judge to sign an order. It appears she is trying to do just that. Quite simply, you will need to remain calm and property defend your position if she does file a petition....
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

Robert Kane
Robert Kane
answered on Apr 10, 2024

The are numerous factors that will determine what is in the children’s best interest and the child support obligations. Coming to an agreement with the other parent will more likely produce the situation you describe, but I don't know your specific circumstances. Obviously, an attorney would... View More

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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If someone sells the property out of garage that I am renting for storage, without notifying me, what lawyer do I need?

It was a verbal agreement, although there are texts to prove it. I had the payments on auto-pay through zelle. It's a fairly small amount monthly.

He told me he sold what I had in there(which was absolutely priceless to me and worth over 50 grand to someone who wouldn't have... View More

Robert Kane
Robert Kane
answered on Apr 10, 2024

As Mr. Cortright stated, "any civil litigation attorney should be able to handle a lawsuit asserting a cause of action for conversion of your personal property and breach of oral contract." If you are looking for an attorney on a contingency basis that may be a problem. Fifty thousand... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Employment law. Forced to resign by Target corp due to severe mental health issues.

I was recently forced to resign from my position after I was on a leave that was approved by my director and human resources. I had a newborn baby in May 2023 and my wife develop to severe postpartum depression in that caused me Develop severe depression, panic attacks and horrible anxiety that... View More

Robert Kane
Robert Kane
answered on Apr 8, 2024

This is matter you will need to discuss directly with an attorney to determine whether you have any viable claims. Your inability to perform your job is a concern. Your disability needs to be diagnosed. Your conclusions will need to be supported. The expense required to represent you will be... View More

2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

Robert Kane
Robert Kane
answered on Apr 6, 2024

Commercial leases are less regulated than residential for a few reasons. The parties are considered to be more evenly situated and shelter is a basic human need. Commercial leases are usually for a longer term (e.g. 5 years) so a substantial increase is not unheard of. Obviously, without knowing... View More

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3 Answers | Asked in Divorce for California on
Q: Divorce: need assessment for a divorce process. We married in san Bernardino County in California back in 2018

We separated in late 2022 he said he hire a lawyer and I did sign papers but it's been almost 2 years and nothing now he said nothing went through so he hire a new lawyer in Texas. But now I want to claim spouse alimony since I didn't ask for anything the first time we supposedly started... View More

Robert Kane
Robert Kane
answered on Apr 5, 2024

You can request spousal support. I don't know whether it would be granted or not, but I am sure he and his attorney will say "no."

Unfortunately, since you are not quite sure where things are, there is no possible way for an attorney to figure where things without a whole...
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