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Minnesota Gov & Administrative Law Questions & Answers
3 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Gov & Administrative Law for Minnesota on
Q: Concerns about attorney's actions, evidence handling, and possible setup in drug offense case.

I have concerns about my appointed attorney's actions in my state or federal case. My attorney waived my right to have an expert witness present during evidence testing, choosing to rely on the state's expert without informing me. Additionally, the government's time limit to indict... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2025

No one here is going to be able to address your specific concerns as we do not have access to the discovery in your case. Many of the decisions made by your attorney are strategic that your attorney's to make. You attorney should certainly be discussing the case with you, but your attorney... View More

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Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,...
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1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: I got pulled over the same day I bought my truck so my insurance shows my old car. Will that work for the court?
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

A Minnesota attorney could advise best, but your question remains open for a week. Double-check that with an attorney experienced with the traffic court protocols of your state. Unfortunately, in many places, producing a card is not sufficient any longer. The court may require a letter from the... View More

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 Gov & Administrative Law and Civil Litigation for Minnesota on
Q: Claiming unclaimed property in MN with missing signature and name change issues.

I am trying to claim $1000 of unclaimed property from an escrow account closed since COVID. However, the state of Minnesota requires a signature from another person who is missing in action since COVID. I also had a legal name change, and most related documents were deleted, although I have a... View More

James L. Arrasmith
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answered on Apr 16, 2025

You are not alone in facing challenges when unclaimed property involves a missing co-owner or outdated identification. When the state requires a second person’s signature, it's typically because the funds are listed under joint ownership, and both parties must consent to the release.... View More

Q: How can I enforce my mother's dietary wishes as her POA in a nursing home?

I am the power of attorney (POA) for my mother, who is currently on hospice at a nursing home. My mother expressed her wish to improve her diet for better survival, and the healthcare directive permits me to make choices on her behalf. Despite this, the nursing home staff, including the nurse and... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have legal authority through the power of attorney and health care directive, and those documents are meant to be followed. If your mother is mentally incapacitated or unable to speak for herself, your direction regarding her care must be taken seriously by the nursing home. That includes... View More

1 Answer | Asked in Gov & Administrative Law and Elder Law for Minnesota on
Q: Do SF 1750 and HF 12698 cause increased costs for MN senior housing cooperatives?

I am a resident of a senior housing cooperative in Minnesota. We have been informed that our monthly assessments will increase due to bills SF 1750 and HF 12698. This change is expected to affect all residents equally and could take effect within a year if the bills pass. Can you provide insights... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, the proposed bills SF 1750 and HF 1268 in Minnesota could lead to increased costs for senior housing cooperatives, potentially resulting in higher monthly assessments for residents.

These bills aim to reform the Minnesota Common Interest Ownership Act (MCIOA), which governs common...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Will an active HRO affect my concealed carry permit background check in MN?

I have an active harassment restraining order (HRO) against me, but I've had no previous legal issues or restraining orders. I'm applying for a concealed carry gun permit. Will the active HRO affect my ability to pass the background check for the permit?

James L. Arrasmith
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answered on Apr 13, 2025

Yes, an active harassment restraining order (HRO) can affect your ability to obtain a concealed carry permit in Minnesota. Under Minnesota law, individuals subject to certain court orders, including harassment restraining orders, are prohibited from possessing firearms for the duration of the... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Procedure for expunging 2 HROs in Minnesota: 1 expired, 1 dismissed. Steps needed?

I am seeking information on the procedure for expunging two Harassment Restraining Orders (HROs) in Minnesota. One HRO has expired, and the other was dismissed. There have been no violations. I need them expunged to ensure a clean background check for employment purposes. What steps do I need to... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Minnesota law, expunging Harassment Restraining Orders (HROs) involves a specific legal procedure that can help clear your record for employment background checks. To begin the expungement process, you will need to complete Form EXP101 - the "Petition for Expungement of Executive... View More

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law, Tax Law and Foreclosure for Minnesota on
Q: Is it fraudulent if the note was securitized and no real loan was made?

I represented myself in federal court and my case was dismissed. I filed forms 1099-A and 1099-OID against the lender/servicer, claiming that the all-caps name on the documents shows I am the true lender and they are the borrower. I argued that the note was securitized and that no actual loan was... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been through a difficult and complex legal situation, especially involving your home and a federal case. While you may believe that securitization of the note invalidated the loan or that your filings made you the lender, courts have repeatedly rejected these arguments... View More

1 Answer | Asked in DUI / DWI, Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Are firearm rights restored after completing sentence for fleeing police in Minnesota?

I was convicted in 2015 for DUI and fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3, with a sentence of "stay of imposition." I have fully completed my sentence. Are my firearm rights automatically restored under Minnesota law, and does such restoration... View More

James L. Arrasmith
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answered on Apr 7, 2025

In Minnesota, completing your sentence for a conviction like fleeing a peace officer does not automatically restore your firearm rights. Under Minnesota law, you would need to apply for a restoration of rights through the court after fulfilling all aspects of your sentence. Since your sentence... View More

3 Answers | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Minnesota on
Q: What legal steps to take if facing eviction by HUD under federal discrimination investigation?

I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?

Anthony M. Avery
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answered on Mar 29, 2025

Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.

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3 Answers | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Minnesota on
Q: What legal steps to take if facing eviction by HUD under federal discrimination investigation?

I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?

Anthony M. Avery
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answered on Mar 29, 2025

Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.

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1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant, Public Benefits and Civil Rights for Minnesota on
Q: Seeking legal guidance on HUD voucher downgrade, payment disputes, and eviction threats in St Louis Park, MN.

Upon moving to St Louis Park on February 29th, we settled into a three-bedroom based on our original HUD voucher. Subsequently, the voucher was downgraded by St Louis Park HRA to a two-bedroom due to my mental health disabilities, despite valid accommodation requests. With no two bedrooms... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation involves several potential Fair Housing Act violations regarding reasonable accommodations for your disabilities. You have the right to request accommodations from both your housing authority and landlord, and they must engage in an interactive process to address these requests... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Gov & Administrative Law for Minnesota on
Q: Can I sue for discrimination after denial due to race & disability despite a dismissed felony?

I initially received approval from a rental complex in Minnesota, but was later denied after a second background report cited a felony discrepancy from another state, which was subsequently dismissed. I believe this denial is based on race and disability, and I have filed and signed a housing... View More

James L. Arrasmith
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answered on Mar 24, 2025

You may have grounds to sue the rental complex for housing discrimination in Minnesota based on the situation you've described. Filing a complaint with HUD is often the first step in this process, and you've already completed that important action. Since you believe the denial was based... View More

Q: Clarification on ATF form 4473, intimate partner status after divorce and HRO in Minnesota.

I'm seeking clarification on ATF form 4473, question 21.i. I was divorced on November 21, 2023, and my ex-spouse and I have been apart and have not communicated outside of court testimony since March 15, 2022. On August 23, 2024, Minnesota issued a Harassment Restraining Order (HRO) against... View More

James L. Arrasmith
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answered on Mar 24, 2025

Form 4473 question 21.i specifically asks if you are subject to a court order restraining you from harassing, stalking, or threatening an "intimate partner." Under federal firearms laws, an intimate partner generally refers to a spouse, former spouse, parent of a shared child, or someone... View More

1 Answer | Asked in Gov & Administrative Law and Appeals / Appellate Law for Minnesota on
Q: Seeking legal help to track pro se motion to vacate in MN.

I filed a motion to vacate pro se on February 6th and I'm looking for legal assistance to ensure it doesn't get overlooked. Despite having a strong case for early release, finding a lawyer has been challenging, possibly due to political aspects of my case. I need help tracking the motion... View More

Robert Kane
Robert Kane
answered on Feb 17, 2025

What you expect from an attorney is not clear. What do you mean you want "legal help to track pro se motion to vacate?" Are you unable to receive mail or email? Do you have money to pay an attorney? Perhaps you should repost.

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