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Minnesota Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I hurt my girlfriend and she tried to run me over there is no evidence of me doing anything but there is of her

Can she get in trouble or is it self defense I hurt her emotionally I didn't get physical and she tried to run me over

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 19, 2024

If someone alleges an assault, either to police or in family court for example, that could qualify as "trouble" for the person accused. If facing a criminal assault charge in court, the defendant can raise the defense of self-defense, if he or she has some evidence to support that... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I have a misdemeanor dismissed of incorrect license for the state I live in if I correct it immediately?

I admitted to living in MN for a year and a half while having a ND drivers license. I was given a citation and misdemeanor. Can that be dismissed if I get a MN drivers license immediately?

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 19, 2024

Some prosecutors will offer the defendant a chance to avoid a smaller license related conviction on their records, if they chow up in court with the issue with their license recticitfied, plus payment of "court costs." No guarantees, but you can ask. Since the issue will need to be... View More

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: About legality of my divorce?

When I signed my divorce papers I was a vulnerable adult. Is that legal and do I have a certain amount of time to nullify it?

Robert Kane
Robert Kane
answered on Dec 17, 2024

An attempt to re-open a dissolution of marriage case most likely has to be done within one year. You don't state what your objective is. Do you want to remain married or want an opportunity to begin the process anew? It will certainly be challenging, time consuming and expensive.

Rob...
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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Informal probate

The lawyer changed the will after the fact that my aunt‘s boyfriend had died he changed it saying that my aunt only had a life estate which wasn’t true so now the family ran me out of the house and is receiving my mail and changing the beneficiary documents or changing the names on certain... View More

Robert Kane
Robert Kane
answered on Dec 13, 2024

If you object to the probate of the Will or appointment of the personal representative in an informal probate case, you must file a petition stating your objection with the court. A hearing will be scheduled regarding your objection, and you will be required to give notice of the hearing to the... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the courts go back and change time to serve after 2 years without any violations from the offender in MN.

Was charged with 5th degree possession of a controlled substance in 2022 the sentence details state I was given 30 days in jail which was stayed and a stay of imposition, fast forward to 2024, have had zero violations the case was up for review and now the county attorney is trying to say a year... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 11, 2024

The stay of imposition meant that if you successfully completed probation, that the matter would've become a misdemeanor. However, if you violated probation, the stay of imposition could be vacated and there would be a stayed sentence of one year and one day on a lower level felony like a... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: does a search warrant have to state if the victims can be present during the search warrant to a home?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 9, 2024

The right of the search warrant authorizes law enforcement to be in the location to search and seize items of evidentiary value. I don't know that there would need to be a specific authorization for additional people present, for example the alleged victim, if they have the alleged victim... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My public defender lied to me about my sentence what can I do and how can I file a compliant or report him in MN

Last week I was sentenced, but my public defender failed to tell me all of the details of my sentence. He told me that I would be on probation until I complete 40 hours of community service. After he explained this to me I repeated it back to him for confirmation that I understood it correctly.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 19, 2024

People are often discharged from probation early once they have completed the terms and conditions of their probation. I can't say for Ramsey County, but in many counties you would be transferred to unsupervised probation or discharged early after you have completed your community service and... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: I'm being accused of arson. I was signed in at a county library and my public defender said they weren't about to verify

Im being accused of arson. the exact time this allegedly occurred (which mind you-building is still there) I was signed in @ a county library & logged in on one of their computers. Directly before & after library I was @ adjacent building the county community action building meeting w/ a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 14, 2024

Arson doesn’t require that you entirely burn down a building. Arson is intentionally setting the building on fire. Whether it burns down or not is immaterial.

The cops aren’t generally going to track down and verify every alleged alibi that a suspect tells them about. I’m not sure...
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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Can anything be done if During the moratorium & and a judge approved eviction that wasn't crime related or unpaid rent

Water got turned off by management 2 weeks prior to being thrown out of a home I owned and judge approved after 3tries by landlord. What can be legally done

John E. Roach
John E. Roach
answered on Nov 7, 2024

Depending on when the eviction occurred, your present circumstances, and other facts involving the eviction, you may now be eligible for expungement of the eviction. Recent Minnesota legislation has made it far easier to obtain an expungement in eviction cases and has expanded the reasons that... View More

1 Answer | Asked in Probate for Minnesota on
Q: Is it complicated to add a contingent name to an existing traanfer on death deed?

All persons named on the existing todd will be together on an extended flight. Iwant to add a contingent person who will never be with us on such a trip.

Anthony M. Avery
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answered on Nov 4, 2024

Only the owners with title can convey. If that owner wants to draft a new deed which includes another grantee as a remainderman, he can if its contingent. If remaindermen already have a vested interest, then all presently titled parties would have to convey such an interest. Hire a competent MN... View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If I have full physical custody of my children, what do I need to do to move out of state
John E. Roach
John E. Roach
answered on Oct 18, 2024

This largely depends on two things: whether or not the other parent has court-ordered parenting time, and if so, whether or not the other parent agrees to the move out of state. If the non-moving parent has court ordered parenting time, it is usually required that the parent seeking to move file a... View More

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

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 14, 2024

The law yields a more nuanced answer. A witness has the right to legal counsel, and can retain an attorney to help assert the witness's rights. Minnesota recognizes a two-part spousal privilege. Minn. Stat. § 595.02, subd. 1(a); State v. Gianakos, 644 N.W.2d 409, 415 (Minn. 2002)... View More

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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 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 Cannabis & Marijuana Law and DUI / DWI for Minnesota on
Q: can you smoke cannabis between the time of your arrest for a DWI and before your court date ?
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 9, 2024

That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition.... View More

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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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

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 9, 2024

Public Defenders are really on the defendant's side. Loyalty to the client is the first rule of Professional Responsibility. Lawyers are not required to report on clients with a warrant. Rather than focus too much on how an old warrant was executed and cleared by arrest, I'd shift... View More

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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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