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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
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
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
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... View More
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
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
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.
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
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
They charged her and then we decided to get married so they can't make me testify against her will this work or no
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... View More
They charged her and then we decided to get married so they can't make me testify against her will this work or no
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
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.
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
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
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
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
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
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
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
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
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
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
answered on Oct 1, 2024
Police are required to have "reasonable, articulable suspicion of criminal activity" or an observed violation of law to justify a traffic stop. If police are "profiling" in a way that lacks that justification, then the stop could be ruled illegal by a judge. If a defendant... View More
answered on Oct 1, 2024
Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More
I was recently arrested for a warrant that was issued in May of 2021. Since then Ive had multiple interactions with police and even have been released from jail with it. It was for felony theft of $1000-$5000 in MN. They tried to mail me a citation back in May of 2021 but the mail was returned and... View More
answered on Oct 1, 2024
In criminal cases, the prosecutor must file a charging document (Complaint, Indictment, etc.) before the applicable Statute of Limitations period expires. The date the defendant learned of the criminal charge is not relevant to a Statute of Limitations issue. There may sometimes be, however,... View More
After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More
answered on Sep 25, 2024
No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... View More
answered on Sep 25, 2024
Yes, it is possible to apply for an H-1B visa or an EB-2 National Interest Waiver (NIW) while having a pending asylum case or Temporary Protected Status (TPS). However, there are important considerations to bear in mind:
1. H-1B Visa:
• Maintaining Status: In order to apply for an... View More
It looks like I can pay the fine and no court date is needed.
answered on Sep 20, 2024
Normally forever. Exception: expungement possibility. But if the defendant instead sets up a court date and gets a prosecutor to agree to an outcome that will eventually avoid a conviction (Continuance for Dismissal, or Stay of Adjudication), then upon successful completion of the period of the... View More
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