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Minnesota Questions & Answers

1 Answer | Asked in Criminal Law for Minnesota on

Q: I was charged with mn statute 609.857.2. I had a flashlight not a laser what can i do

Thomas C Gallagher answered on Jun 14, 2019

Defend against the charge. The statute says: "Whoever knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight is guilty of a gross misdemeanor." Apparently, the language of the... Read more »

2 Answers | Asked in Immigration Law for Minnesota on

Q: What are the consequences of voting while not a citizen in Minnesota?

Kevin L Dixler answered on Jun 13, 2019

Immigration is Federal law. The decision for the court of appeals that covers Minnesota is consistent with other Federal Courts of Appeals. If you are a lawful permanent resident, then possible permanent disqualification from naturalization. You can be referred to immigration court for removal... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on

Q: My 11yr old doesn't want to go.

My 11 year old daughter doesn't want to go to her dads. Her father and I were NEVER married we live in MN He has no legal or physical custody and there also is no parenting time. He does pays child support now(going on 3yrs). For the last 8yrs I have let her go with him every other weekend(other... Read more »

Corwin Kruse answered on Jun 13, 2019

You've indicated that the father has no legal or physical custody and no parenting time, but that he does pay child support. You haven't stated whether or not he has been adjudicate the father or whether the child support is court-ordered (which would require such an adjudication) or voluntary.... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Exhibition driving

I’m in the state of Minnesota I just got a exhibition driving in the city ordinance ticket classification how much is it And will it make my insurance go up

Jonathan Matthew Holson answered on Jun 13, 2019

You don't provide enough information to answer this question if it is an ordinance violations. Ordinances vary from city to city so it is impossible to know what the fine is without knowing what city this occurred it. Yes, it is likely to increase your insurance rates if you are convicted of the... Read more »

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1 Answer | Asked in Banking for Minnesota on

Q: My parents made me transfer $20,000 into their account and they will not give it to me. How do I get my money?

I received the $20,000 from a lawsuit when I was 9-10 years old. When I turned 18 (August 2018) I received it and they made me transfer it to them. I went on a 8 month mission trip for my church and now that I am back they will not give it back.

Bruce Alexander Minnick answered on Jun 10, 2019

Wow. You are a legal adult, so you are able to sue your parents for the return of your money; But I do not recommend trying that until you have exhausted all non-legal alternatives. Call some relatives and ask for their advice.

1 Answer | Asked in Traffic Tickets for Minnesota on

Q: if my speeding ticket says im driving a pontiac firebird but i was driving a chevy camaro can i beat ticket in court

Thomas C Gallagher answered on Jun 10, 2019

My past traffic clients have wanted to keep the violation off of their Minnesota driver's license record. And I've been successful in helping them do that more than 90% of the time. Therefore, I would say: yes, it's possible. The defense is not obligated to give the prosecutor a heads-up about a... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota on

Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later

Thomas C Gallagher answered on Jun 10, 2019

I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: issued a citation for speeding shortly after crossing a state border and entering Minnesota where speed limits vary.

Our speed limits change from 55, 60 or 65. If the location listed on the citation isn’t accurate how can he defend himself in court to prove otherwise? Would this be grounds to void the citation?

Jonathan Matthew Holson answered on Jun 6, 2019

Not listing the location is not necessarily fatal to a citation so long as it indicates where - as in town/township and county where the offense occurred. Along with the citation there will be police reports and likely squad video as well which are more specific about the location where the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on

Q: Q: What is the punishment for cursing (disorderly conduct

Thomas C Gallagher answered on Jun 5, 2019

Minnesota Statutes Section 609.72 Disorderly Conduct is a misdemeanor crime, with a maximum of 90 days jail, and one year probation. Profanity alone can be defended as free speech.

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1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on

Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI case.... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law, DUI / DWI and Civil Rights for Minnesota on

Q: can you have your license revokes if cops didnt pull you over?

cops didnt see me driving going on hearsay that i was, then came to my house arrested me towed car didnt read me right i did field sobriety test they said i refused it but they have levels from test, i bailed out of jail 1200.00 dollars now they gave me a notice of order of revocation,i wasnt even... Read more »

Thomas C Gallagher answered on Jun 5, 2019

Most DWI arrests follow a traffic stop by police. But not all. Some few follow a police contact at the arrested person's home. And some follow events that do not include police observation of driving. However, often DWI cases where the police do not observe driving, operating or control of a... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on

Q: MY SON gared ticket for Violates one passenger restricción. He was cites for the offense. Him can loose the Drive per.

Thomas C Gallagher answered on Jun 4, 2019

I'm not quite sure what the question is here. But, a person charged with a traffic violation should fight it in court. Most people wish to prevent a conviction, which could trigger consequences such as temporary revocation of driver's license.

1 Answer | Asked in Contracts for Minnesota on

Q: my husband had his parents on mortgage. He wasn’t. We made all the payments & taxes. sold it. She kept $. What can do?

Curious if there is anything we can do to get the money back from the sale of the home. Parents never paid anything. Just their name was on the paperwork. We sold it after 15 years.

Bruce Alexander Minnick answered on Jun 3, 2019

Unless your and/or husband had some sort of written contract or lease agreement covering your living in the property owned by his parents there is nothing you can do. The 15 years of mortgage payments you and your husband made were akin to rent; in fact, unless his parents had allowed you and your... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: if my speeding ticket says im driving a pontiac firebird but i was driving a chevy camaro can i beat ticket in court

Jonathan Matthew Holson answered on Jun 1, 2019

No. The traffic stop is on video. The fact that the officer put the wrong kind of car on the citation will not be a silver bullet.

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1 Answer | Asked in Family Law and Child Support for Minnesota on

Q: I am 16, wondering if I can get child support from my dad whom I dont live with.

Corwin Kruse answered on May 30, 2019

You cannot directly get child support; one of your parents can get child support on your behalf. If you live with your mother, she could seek child support from your dad by going to court.

1 Answer | Asked in Family Law and Child Support for Minnesota on

Q: Hi When does my payment of child support end? I've heard conflicting things and I'm a little confused. Thanks

I live in Hugo, MN

Corwin Kruse answered on May 30, 2019

Generally, child support ends when your child BOTH turns 18 and is out of secondary school. If still in secondary school, child support can continue until age 20.

2 Answers | Asked in Animal / Dog Law, Personal Injury and Criminal Law for Minnesota on

Q: I am MN licensed to carry a firearm. Can I shoot an unleashed dog in defense for attacking me or my leashed dog?

If I am in public within the city limits in any of the Metro area cities.

Thomas C Gallagher answered on May 29, 2019

Not without legal risk. As lawyers we consider how the law may apply to hypothetical facts (1) in the past; and (2) in the future. When the case is being litigated in court, it's almost always about the past. Past facts can't be changed, though we may have problems of proof. On the other hands,... Read more »

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1 Answer | Asked in Tax Law for Minnesota on

Q: Is it legal for a 501c(3) Director to pay himself a non taxed W2 as a housing allowance?

The sole revenue for the 501c(3) is Consulting Fees from the Directors solely owned Scorp, and it's sole expense is the Directors salary. Is this legal or tax evasion?

Bruce Alexander Minnick answered on May 28, 2019

FYI, it is not unlawful for a 501c3 corporation to own a for profit corporation. However, revenue from any source must be reported to the IRS. The 501c3's gross revenue can be offset by deductions if the deductions are actually related to the charitable (or educational or religious) purpose(s) or... Read more »

1 Answer | Asked in Bankruptcy for Minnesota on

Q: I filed for bankruptcy and discharged in 2015, I'm told I can't get a equity loan because I'm not liable for the house?

Live in MN after the bankruptcy my house note was sold to another bank, I'm current with payments but is not being reported to the credit bureau beside not getting a home equity loan what else can I expect?

Timothy Denison answered on May 24, 2019

You need to send them a copy of the reaffirmation agreement so you can establish ownership and then get an equity loan.

2 Answers | Asked in Criminal Law for Minnesota on

Q: I am facing a felony drug charge in minnesota. Thoughts on hiring associate attorney for $4500 to represent me

Jonathan Matthew Holson answered on May 24, 2019

"Felony drug charge" is pretty vague. You need to provide more detail about what degree the drug offense is and what county it is in.

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