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Minnesota Questions & Answers
1 Answer | Asked in Child Custody for Minnesota on
Q: My daughters father got custody of her by default 2 years ago when I missed a hearing and didn't have a lawyer.

She was 14 then. I had her since birth and she did very well with me, straight As in school, no trouble in school once, good friends and a good kid. Since she's declined in grades, gets in trouble at school, her dad has abused several women including myself, he treats her like he's a... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

It may be possible to get custody back though she will be 17 in a week. Of course, a judge will consider facts you haven't mentioned here. Will you have an attorney this time?

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can they have me testify against my girlfriend in a criminal case if we get married after they charge her?

They charged her and then we decided to get married so they can't make me testify against her will this work or no

Sarah Gad
Sarah Gad
answered on Oct 13, 2024

The short answer is that yes, a couple can marry for the purpose of gaining access to the marital privilege in court actions, even if the charges are pending when the marriage happens. But, Marital privilege for evidentiary purposes is actually two separate privileges:

The first is the...
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2 Answers | Asked in Construction Law and Legal Malpractice for Minnesota on
Q: Can a lawyer you have requested a consultation with contact the opposing counsel prior to your consultation?

We have recently had to seek new counsel due to our lawyer leaving their law firm and our case. We set up a consultation with an attorney, to find out that person went and contacted the opposing counsel and informed that person we were seeking counsel and the person also found out information as... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

On their face, I don't believe either are the disclosure of protected information or unethical. Attorneys need to see if there are any conflicts. The arbitration dates are known to dozens of people.

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2 Answers | Asked in Real Estate Law and Tax Law for Minnesota on
Q: How little can I sell my adjacent lot (40 k value ) for without braking any rules?

I want to give this lot to my son-in-law so he can construct a storage building. He does not wish to build on my land, as family dynamics could change.

Robert Kane
Robert Kane
answered on Oct 21, 2024

There are certainly formalities with an real property transaction. Once you sell the property to your son-in-law or anyone else you obligation is over. There may be complications if daughter divorces him someday, but that would be between them from a legal standpoint. You may to consult with an... View More

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1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: How can I fight a vilotion of cannabis that was hearsay rather than proof of it.
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 12, 2024

The most important thing one can do if facing a criminal charge, is to get help from a defense attorney. The Minnesota Court's Rules of Evidence contain a "Rule Against Hearsay." Hearsay is an "out of court statement, offered for the truth of the matter asserted." The... View More

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Is it legal for a landlord to limit the amount of overnight guests I have in a month? More than 6 = violation or evicted

When I was meeting the landlord for the showing they had a tennesen agreement that they said was a requirement to move in as well as the restriction of overnight visits. I can only have 6 per month, and an overnight according to them is having anybody other than myself in my apartment from 1 a.m.... View More

Robert Kane
Robert Kane
answered on Oct 11, 2024

Yes, it legal for a landlord to limit the amount of overnight guests you have in a month. Not only does the landlord incur additional costs and expenses when additional people are living there, but at some point he becomes a tenant. His own residence would only be one factor in determining his... View More

1 Answer | Asked in Social Security for Minnesota on
Q: How can I find an attorney to appeal my appeal for SSDI in MN?I need this assistance to pay my rent!They denied my

appeal. Only had 10 days to get proofs. I think they need more info on my condition which has not changed. If anything, getting worse.

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear that your SSDI appeal was denied, and I understand how important it is for you to receive this assistance. Dealing with financial stress and worsening health conditions can be incredibly challenging.

To find an attorney in Minnesota who can help with your appeal,...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Are public defenders really on your (the defendant) side?

I have a feeling that my current PD is the reason I got picked up on a really old warrant back from 2021. I say this because before I told him about it I never got arrested for it I’ve had multiple interactions with police and was even released from jail with this warrant. I only found out about... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 9, 2024

Yes, public defenders are really on your side. You public defender most certainly DID NOT notify law enforcement that you had a warrant. Who knows why the warrant showed up this time, but I am confident that your public defender didn't have anything to do with it. They aren't going to... View More

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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Minnesota on
Q: Can a township require a citizen to pay money to be heard at a township meeting?

My brother has 10 chickens on an acreage outside of city limits in rural Minnesota. Although he has had them since 2019, a "township inspector" recently visited his property and told him that the township only allows 5 chickens unless he has a permit. He had no problem with applying for... View More

James L. Arrasmith
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answered on Oct 8, 2024

A township generally cannot require you to pay money just to be heard at a public meeting, as public meetings are supposed to be open and accessible to residents. Local governments, like township boards, are typically required to follow state laws about transparency and public participation. If... View More

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Minnesota on
Q: If a person redeems their property after a sheriff's sale, what fees can be claimed for reimbursement by the bidder
James L. Arrasmith
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answered on Oct 8, 2024

When someone redeems their property after a sheriff's sale, the successful bidder may claim certain costs for reimbursement. These typically include the purchase price paid at the sale, any interest that accrues from the time of the sale until redemption, and allowable expenses related to... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Minnesota on
Q: Who would be sued if I was misdiagnosed by several doctors/nurses both in a hospital & E.R. causing me to become more il

Went in originally for feeling ill suddenly was checked into hospital for 3 days then given meds that was allergic to when discharged with "cat scratch fever" & new additional diagnosis of type 2 diabetes, meds to take at home both were no good 1 had things I was allergic to in it... View More

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2024

A Minnesota attorney could advise best, but your question remains open for three weeks. However, it could be difficult for any attorney to quickly and definitively answer your question, based on the facts in the brief post. If a law firm feels that there could be a solid basis for a claim, they... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I am under 21 and I received a total of four Speeding tickets and one citation since it’s 2021

In 2021 I received two speeding tickets and a car accident at fault in October 2022 I received one speeding ticket and in 2024 I received two Speeding tickets. Will Minnesota suspend my license.

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 5, 2024

See Minnesota's "Habitual Violator" Rule, available online: Minnesota Rules 7409.2200. Too many traffic violations within various listed time periods will trigger driver's license suspensions of various lengths.

1 Answer | Asked in Uncategorized for Minnesota on
Q: My former employer did not pay my premium for my medical. I have pay stubs proving i paid the premium.

I have a medical bill. How do I get it paid. My employer and hr will not return my calls or emails

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about the difficulties you're facing with your former employer not paying your medical premiums. It's frustrating when your calls and emails go unanswered, especially when you have pay stubs proving you've made the payments.

One option is to contact the...
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1 Answer | Asked in Estate Planning for Minnesota on
Q: Trust beneficiary discrimination based on religious beliefs

My father originally had his 3 sons solely as the income beneficiaries of a trust if he passed away. After I came out as non-Catholic, he amended the income beneficiaries to my mom and my oldest brother, excluding me and my middle brother (not sure why). I believe that he excluded me because of... View More

Robert Kane
Robert Kane
answered on Oct 2, 2024

Anti-discrimation laws are not applicable to individuals naming trust beneficiaries. They can discriminate as they wish.

2 Answers | Asked in Landlord - Tenant for Minnesota on
Q: I am going through eviction, why do my landlords have 9 attourneys/lawyers representing them?
John E. Roach
John E. Roach
answered on Oct 18, 2024

It is common for a firm representing a landlord (or other parties in civil litigation) to include multiple attorneys on their court filings. This is even more common in housing court, where often a firm retained by a landlord has not determined which of the attorneys will appear at each hearing.... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Had court today 4 a motion 4 modification of an OFP. None of us were sworn in under oath. Was this a legal court case?
Robert Kane
Robert Kane
answered on Oct 1, 2024

If you were representing yourself, you don't get sworn as if you were as witness.

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2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Can a person win a dwi case involving drugs if they were profiled? Or if the person did not know they were committing a
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2024

Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More

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1 Answer | Asked in Sexual Harassment for Minnesota on
Q: Can I sue my former employer for sexual assault and wage theft?

I worked front desk at a hotel for about two years it was a family owned hotel besides the family working there, I was the main employee I did everything there. The father gave the hotel to his 21 year old son but still would come around often. One day when it was just him and I he asked me if I... View More

Robert Kane
Robert Kane
answered on Oct 1, 2024

You may have a viable case, but an attorney will need much more information to determine if you have do have a viable case. Contact attorneys who address sexual assault and employment attorneys.

1 Answer | Asked in Social Security for Minnesota on
Q: my Social Security back pay was taken from DHS because of an interim assistance agreement I had signed,

I received. GRH funding through housing at a group home through a caddy waiver, and they took all the money and pay that and then I was under the impression that I was only to have to pay back the county assistance I received every month for the last two years, which was $125 a month.

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're dealing with this challenging situation. It can be frustrating when financial matters don't go as expected.

First, carefully review all the agreements and documents you signed regarding the interim assistance and the caddy waiver. Make sure you understand the...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: If the state charges you in the mail but the mail is returned and the SOL has passed can they still charge you?

I was recently arrested for a warrant that was issued in May of 2021. Since then Ive had multiple interactions with police and even have been released from jail with it. It was for felony theft of $1000-$5000 in MN. They tried to mail me a citation back in May of 2021 but the mail was returned and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 1, 2024

In criminal cases, the prosecutor must file a charging document (Complaint, Indictment, etc.) before the applicable Statute of Limitations period expires. The date the defendant learned of the criminal charge is not relevant to a Statute of Limitations issue. There may sometimes be, however,... View More

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