Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More 
My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More
answered on Dec 23, 2023
You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More
Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More
answered on Aug 29, 2023
As a practical matter, the day before a trial begins is too late to retain an attorney in that case. That should be avoided by retaining an attorney near the beginning of a case. The best option "the day before trial" might be to ask the judge for a postponement of the trial, to allow... View More
Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More
answered on Aug 29, 2023
An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More
answered on Jun 23, 2023
The law library is excellent place to start. I am sure you are with familiar with the State's website. You will need to contact attorneys. Attorneys can't come to you.
Are you appealing the initial denial (administrative review) or proceeding to the court of appeals?
In... View More
My father's estate has been appealed over and over until it went to the Minnesota supreme Court the appellate judge ruled on his opinion rather than the law. How is this acceptable?
answered on Apr 11, 2023
A Minnesota attorney could advise best, but your question remains open for a week. Any attorney is going to ask to see the file and the appellate court decision. It would be difficult for anyone here to directly answer your question or offer guidance based on these brief facts. As a general note,... View More
the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... View More
answered on Jan 28, 2023
Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... View More
the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... View More
answered on Jan 29, 2023
When I represent a client, I obtain as much information I can about all the facts and circumstances related to the case. Then I analyze it all for legal issues that could benefit my client. When first discussing a case with some who is not a client, naturally we have start somewhere, with first a... View More
the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... View More
answered on Feb 10, 2023
This sounds like a classic case for a Rodriguez motion. Rodriguez v. United States, 575 U.S. 348, was a United States Supreme Court case which analyzed whether police officers may extend the length of a traffic stop to conduct a search with a trained detection dog.
i have valid claim for county liability.
answered on Dec 4, 2022
A Minnesota attorney could advise best, but your question remains open for a week. It isn't clear what the matter is about, but keep in mind that if your claim involves a county or public agency, it's possible there could be notice of claim elements. Only a Minnesota attorney could advise... View More
MN declined Supreme Court. Now what??
answered on Nov 26, 2022
The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried... View More
MN declined Supreme Court. Now what??
answered on Nov 26, 2022
The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried... View More
MN declined Supreme Court. Now what??
answered on Nov 27, 2022
Since a good answer would require the information already possessed by your lawyer, it would make sense to ask your lawyer this question. Different issues can be appealed form the trial court, at different stages in the process. For example: (1) the prosecutor can appeal a pretrial ruling in... View More
There is an order dated entered on March 21, 2024.
answered on Apr 24, 2024
In most cases, the deadline for filing is 60 days from the date of the final court order. Your case may differ depending on your specific case.
Rob Kane
Eagan Family Law Attorney Minnesota
I'm trying to appeal a false OFP that was filed against me on my own. The OFP was filed by my abuser in retaliation to me telling someone about their abuse. When the hearing for the OFP was taking place, I was in the hospital, then being transferred from one hospital to another by ambulance... View More
answered on Feb 4, 2024
It is most likely (h.) I am not sure if an appeal is appropriate. Did you call the as soon as you were physically able? Good luck.
Question of ADA and criminal law I’m disabled due to neurological conditions and have bad memory I don’t remember most of the issues can it be dropped charges
answered on Mar 13, 2022
In Minnesota, generally police will be able to lawfully stop a vehicle with one of two headlights out. Disabilities and memory issues of the defendant would not normally be a defense to a criminal charge. However, depending upon type and severity of cognitive issues, issues such as... View More
Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... View More
answered on Jan 1, 2022
Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to... View More
I appealed the denial of a motion to suppress in my criminal case. The briefs were filed and the case submitted to appeals on September 21. I read the decision must be made in 90 days. What happens when they don't?
answered on Dec 22, 2021
Nothing. The decision will be issued in due course.
The mother of my bfs daughter has been trying to change the last name of his 3yo daughter to her new married name. He first received a letter in the mail regarding this motion in Sept. The letter only indicated the time, date, and virtual hearing link. It was in Oct 2021 and he showed up to find... View More
My social security disability has gone to the federal courts and no one will take my case! can I sue for discrimination? I feel I have been discriminated all along and my journals re disregarded. Would you take my case??
answered on Nov 25, 2021
This is something that a social security disability attorney would probably understand best, but your post remains open for five weeks. It could be difficult for an attorney to offer to handle your case in response to your question - this forum does not operate like an attorney referral service... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
