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Minnesota Gov & Administrative Law Questions & Answers
2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 21, 2024

You might consider an effort to avoid a criminal "conviction." That would be valuable, in the future. It may be a possible to resolve the case in a way to avoid conviction, usually involving a period of compliance with agreed and ordered conditions. You can discuss this with your lawyer.

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2024

I think that it is unlikely that you would be facing jail time for a first time GM drug possession case. The best thing that you can do for yourself to avoid having to serve jail would be to get a Chemical Use Assessment and start following the recommendations. That is something that you are... View More

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1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Can a US citizen work in the USA without applying or having the intension to apply for a Social Security number

I want to know if there is any possibility to work within the USA without a SSN as an American citizen. Ergo paying income tax without a SSN

T. Augustus Claus
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answered on Jan 4, 2024

In the United States, it is generally required for individuals working and earning income to have a Social Security number (SSN). A Social Security number is used for various purposes, including tax identification, and is typically required by employers for payroll and tax reporting. While there... View More

1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: My car title is in the DMV system's maze. I do have every document but I don't have my car's title. Can I sue them?

Facts: I live in MN, I bought a car from a dealer in WI and brought it to MN, July 2021.

I was able to register my car. The WI dealer told me we will mail you the title to your address, which might take up to 40 days

I did not get the title mailed and forgot about that title until... View More

James L. Arrasmith
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answered on Dec 27, 2023

In your situation, it's important to understand that suing the DMV or the dealer might not be the most efficient or effective first step. Lawsuits can be time-consuming and costly. Before considering legal action, it's advisable to exhaust all administrative remedies.

First, you...
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1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Minnesota on
Q: If a city does not have specific regulations on a business, does it default to the county regulations?

My city does not regulate bowling alleys under their ordinances, but the county does. Does that mean that the county regulations apply to bowling alleys within my city, or that no regulations apply?

EDIT: My city is Inver Grove Heights, MN and the county is Dakota. The county regulations... View More

Robert Kane
Robert Kane
answered on Oct 23, 2023

State and federal rules and regulations apply to businesses, including bowling alleys. Then counties and cities may pass their own laws as long as they don't conflict with the State or Federal rules and regulations. There are no bowling alleys that are open for business that are unregulated.... View More

1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law for Minnesota on
Q: Dear all, Hi Can I travel outside USA with my greencard and my home country's passport? I was admitted as a refugee

Just wanna know if it's must to use 131a refugee travel documents or I can proceed with green card and passport from my home country

Thanks

James L. Arrasmith
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answered on Oct 15, 2023

If you have a green card, you generally can travel outside the U.S. using your green card and the passport from your home country. However, as a refugee, there's a risk when traveling with a passport from the country of claimed persecution. If you use that passport, it may be viewed as... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Minnesota on
Q: In my Townhome who is responsible for deck repairs and even replacements
T. Augustus Claus
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answered on Oct 10, 2023

In Minnesota, whether the townhome association or the individual unit owner is responsible for deck repairs or replacements typically depends on the terms of the association's governing documents, like the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws. Often,... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Did they have a right to search and charge me

One county sent a kops alert because the night before a person fleed on foot after the officer found a gun on him. The officer had the gun in his evidence now. Since the person fleed on foot, the officer sent out a kops alert. Sometime hours after the incident the person who ran took the van they... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 11, 2023

The search of you certainly could not be based upon a KOPS alert for your friend. They certainly could arrest him under the circumstances, but it is unclear why they searched you and what law enforcement found when they did. It is also unclear why they searched the vehicle. For example, they... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Did they have a right to search and charge me

One county sent a kops alert because the night before a person fleed on foot after the officer found a gun on him. The officer had the gun in his evidence now. Since the person fleed on foot, the officer sent out a kops alert. Sometime hours after the incident the person who ran took the van they... View More

James L. Arrasmith
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answered on Sep 11, 2023

Based on the situation you described, it seems there might be a valid concern regarding the legality of the search conducted on you and the rest of the vehicle.

In general, law enforcement officers need probable cause to search your person or your vehicle without a warrant. Probable cause...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can a criminal investigation not resulting in charges be removed from public record through a process somehow?

In Minnesota, Criminal Investigations are available to the public after they are inactive, no longer being investigated whether charges were filed or not. The case investigated where I was the suspect was because of my therapist illegally reporting a potential crime where he broke confidentiality... View More

Robert Kane
Robert Kane
answered on Jul 11, 2023

An attorney can certainly assist you with this endeavor. Some attorneys offer reason rates. Some do not.

If you were arrested but were never charged with a crime, OR if the case was dismissed before a criminal complaint was filed against you, you may be able to request that the...
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1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: I'm looking for assistance in the process of a boat title transfer. I filed an affidavit for order issuance of title

the previous owner gave me incorrect information when purchasing a boat from him and the wrong title. I previously had a zoon hearing on 6/13, but the judge said I did not have the right paperwork submitted and would not give further information.

Robert Kane
Robert Kane
answered on Jun 14, 2023

It's seems odd the judge wouldn't give you some idea what was lacking. Without more information is difficult to determine what is needed. Most attorneys can assist you with this matter.

In order to ensure the best possible outcome, you need to consult with an attorney, at least in...
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Q: Can I be charged with things not on a warrant . Say the warrant was for stolen stuff but cops got me with bullets and dr

Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that... View More

James L. Arrasmith
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answered on Mar 19, 2023

If the police obtained a search warrant specifically for stolen items and they found other items during the search, such as bullets and paraphernalia, it may be possible for them to charge you for those additional items if they believe they are illegal or violate any other laws. However, whether or... View More

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Q: Can I be charged with things not on a warrant . Say the warrant was for stolen stuff but cops got me with bullets and dr

Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that... View More

Sarah Gad
Sarah Gad
answered on Mar 10, 2023

I do not know the full circumstances of the situation and cannot answer your question specifically. Generally speaking, a warrant has to state with particularity the items to be searched and seized. The police must request a warrant signed by a neutral third party (i.e., judge or magistrate) unless... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for Minnesota on
Q: Can Minnesota residents be fined today, for not wearing a face mask back in the 'Peacetime Emergency' times?

Hello

Even though as of today those various COVID mask requirements and executive orders in Minnesota have expired, can someone be still fined, if for example this person was recorded and identified on video visiting a bar or restaurant without a mask back in 2020, during 'Peacetime... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 16, 2022

Because Minnesota Statutes §609.735 CONCEALING IDENTITY, appears to make wearing a mask "to prevent spread of disease" (as opposed to "medical treatment"), in public, a crime; I would challenge any attempt to enforce an "executive order" to the contrary. I've... View More

1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: I received a hands-free citation for $275. According to MN state statute 169.475 I should receive a warning. Correct?

Can you please help me interpret the wireless communications device statute? What I see is that I am supposed to first receive a warning and the second or subsequent time a $275 fine.

Robert Kane
Robert Kane
answered on Mar 25, 2024

The statute provides "a person who violates paragraph (a) a second or subsequent time must pay a fine of $275." It does not express a warning is required for a first violation. One can infer the fine should be less than $275.

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Civil Litigation for Minnesota on
Q: Are there any lawyers that have experience and are capable of fighting government entities?

They have violated my rights and broken several statutes. I know someone who practices criminal law, and they said I need to contact a lawyer because I most likely have a valid case, since the law is being broken by the local authorities.

Please help, I have talked to a couple lawyer... View More

Robert Kane
Robert Kane
answered on Aug 23, 2023

Yes, there are lawyers that have experience and are capable of fighting government entities. It's unfortunate (and odd) the someone you know who practices criminal law can help you find someone.

https://www.justia.com/lawyers

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Q: Can cps withhold evidence of your innocence? If not why won’t anyone look at it? Or who do I contact about situations?

At birth cps took my baby for allegations that they refused to tell me any details about. Yet were quickly proved to be untrue. Instead of giving baby back they changed doctors notes, fabricated new allegations, (proven untrue) and removed baby from our care. Months later won custody back. Got... View More

Robert Kane
Robert Kane
answered on Jul 22, 2023

Google: "Minnesota cps defense attorneys."

1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Can employer fire me for getting a doctor's note to say I need consistent shifts, not float shift, due to epilepsy?

Inconsistent sleep schedule lowers seizure threshold, per my Neurologist.

Robert Kane
Robert Kane
answered on Jul 6, 2023

Perhaps, you need to consult with an ADA attorney.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Minnesota on
Q: Can having a 609.72.1 disorderly conduct conviction on my record ban me from having guns federally?
Sarah Gad
Sarah Gad
answered on Jun 12, 2023

No, a person with a 609.72.1 conviction for disorderly conduct alone will not cause you to forfeit your Second Amendment rights to own a firearm. If you don't have any other convictions (especially felony convictions) you should still be eligible to have a firearm.

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can the police in minnesota enter my home without permission to serve a felony arrest warrant from another state
Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2021

That would depend upon whether they had reason to believe that the fugitive named in the arrest warrant was in the home. The Minnesota arrest warrant would be based upon the out-of-state warrant.

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