Minnesota Questions & Answers by Practice Area
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Minnesota Questions & Answers
Q: What do these charges mean when some is charges with Extradition, Detainers, Arrest, Bail - Arrest in MN
Thomas C Gallagher's answer
None of those are criminal charges. A person charged with a crime in another state, could be arrested in this state based on an arrest warrant from the other state. If that happened, the arrested person could be "held for extradition" back to the state with the pending criminal case.
Bail is money a person arrested may be able to deposit with the court as a surety that they will appear at future court appearances. An alternative to cash bail is a bail bond.
None of those are criminal charges. A person charged with a crime in another state, could be arrested in this state based on an arrest warrant from the other state. If that happened, the arrested person could be "held for extradition" back to the state with the pending criminal case.
Bail is money a person arrested may be able to deposit with the court as a surety that they will appear at future court appearances. An alternative to cash bail is a bail bond.
Q: I've heard we should consider putting someone's house in trust before you put them in assisted care
Scott Maki's answer
Thanks for your question. The answer likely depends on WHEN they enter assisted care.
The best bet is often to transfer a home into an Irrevocable Medicaid Asset Protection Trust, but there are exceptions (have a spouse in remaining in the home, have an adult child who has been living in the home for at least 2 years who prevented the person from entering a long-term care facility BECAUSE they were that persons caretaker, or they have a disabled child). Additionally, in all other cases,...
Thanks for your question. The answer likely depends on WHEN they enter assisted care.
The best bet is often to transfer a home into an Irrevocable Medicaid Asset Protection Trust, but there are exceptions (have a spouse in remaining in the home, have an adult child who has been living in the home for at least 2 years who prevented the person from entering a long-term care facility BECAUSE they were that persons caretaker, or they have a disabled child). Additionally, in all other cases,...
Q: 29 yo felony warrant out of MN, can’t get CA DL. Do I have to turn myself in to MN auth to get warrant retracted?
Thomas C Gallagher's answer
Normally an arrest warrant is cleared by the subject being taken into custody (booked into jail). This satisfies the warrant, then gone. A prosecutor can agree to various arrangements to avoid that (such as ask the court to set bail on the warrant prior to having custody of the defendant), but that is rarely done. a person who turns themselves in on an arrest warrant based on a new charge will typically see a judge for a bail hearing within a day or three, and get out after posting bail....
Normally an arrest warrant is cleared by the subject being taken into custody (booked into jail). This satisfies the warrant, then gone. A prosecutor can agree to various arrangements to avoid that (such as ask the court to set bail on the warrant prior to having custody of the defendant), but that is rarely done. a person who turns themselves in on an arrest warrant based on a new charge will typically see a judge for a bail hearing within a day or three, and get out after posting bail....
Q: I have full physical custody of my daughter She took off to her dads and won’t come back now he demanding support return
D. Patrick McCullough's answer
How old is your daughter? He has no right to do what he did if you have full physical custody; however depending upon your daughter's age and the circumstances as to why she left, will impact on what the court will do in this situation. You should hire an experienced family law attorney to assist you.
How old is your daughter? He has no right to do what he did if you have full physical custody; however depending upon your daughter's age and the circumstances as to why she left, will impact on what the court will do in this situation. You should hire an experienced family law attorney to assist you.
Q: How can I get legal custody of my 2 great-nephews whose mother and 2yr old sister were just killed in an auto accident?
1 Answer
| Asked
in
Adoption, Child Custody and Wrongful Death
for
Minnesota
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
D. Patrick McCullough's answer
Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.
Very, very sad for you. You should consider hiring an experienced family law attorney to help you. These type of proceeding are quite complicated and you will need expert help.
Q: I received a “move over law” ticket from a state patrol. I could not move over at the time. Is it hard to fight this?
Thomas C Gallagher's answer
My view is go to court on each and every traffic citation to try to keep it off the drivers license record. Whether it was easy or not is best viewed afterwards. Always fight every one to the maximum. Step one is try to get the prosecution to agree to your desired outcome, and be willing to pay. Step two is to prepare to win a trial if need be. You already know having a lawyer helps.
My view is go to court on each and every traffic citation to try to keep it off the drivers license record. Whether it was easy or not is best viewed afterwards. Always fight every one to the maximum. Step one is try to get the prosecution to agree to your desired outcome, and be willing to pay. Step two is to prepare to win a trial if need be. You already know having a lawyer helps.
Q: Throwing out a minor while driving ticket?
Thomas C Gallagher's answer
It's not likely that a judge would dismiss a criminal charge for a citation not completely filled out. I'd suggest checking the court's website mncourt.gov "access court records" page using the citation number to see if or when the police officer sends it in to the court. Once it shows up there, you can call the court to see how to set up a court date. Ignoring it could result in an arrest warrant.
It's not likely that a judge would dismiss a criminal charge for a citation not completely filled out. I'd suggest checking the court's website mncourt.gov "access court records" page using the citation number to see if or when the police officer sends it in to the court. Once it shows up there, you can call the court to see how to set up a court date. Ignoring it could result in an arrest warrant.
Q: Can I get ticketed for suspended license if I've never had a license?
Thomas C Gallagher's answer
A person who has never had a drivers license can get a suspended license, usually due to a driving-related conviction. If the person then drives anyway, they could be charged with the crime of Driving After Suspension.
A person who has never had a drivers license can get a suspended license, usually due to a driving-related conviction. If the person then drives anyway, they could be charged with the crime of Driving After Suspension.
Q: I need help with my answer and counter, for custody and parenting time.
D. Patrick McCullough's answer
There is much more to be concerned about than just the time elements in a Divorce case. You should consider hiring a family law attorney to assist you.
There is much more to be concerned about than just the time elements in a Divorce case. You should consider hiring a family law attorney to assist you.
Q: Is traffic ticket a conviction that needs to be listed in job application?
Thomas C Gallagher's answer
Each person completing a job application must decide what to include. A lawyer who practices in the area of employment law might be able to shed light on any questions about that. As far as whether a traffic ticket is a criminal "conviction" The vast majority of traffic tickets are classified as "petty misdemeanors," which are defined as "not a crime" but rather a civil infraction punishable by a fine only (no arrest or jail possible). A few are charged as "misdemeanor" or "felony" crimes,...
Each person completing a job application must decide what to include. A lawyer who practices in the area of employment law might be able to shed light on any questions about that. As far as whether a traffic ticket is a criminal "conviction" The vast majority of traffic tickets are classified as "petty misdemeanors," which are defined as "not a crime" but rather a civil infraction punishable by a fine only (no arrest or jail possible). A few are charged as "misdemeanor" or "felony" crimes,...
Q: Self-publishing a fitness book, with models wearing brands like Nike/using equipments with brand logos on it, copyright?
Jason Brooks' answer
Unfortunately this would qualify for infringement. While it’s unlikely that any of these brands would care, namely because it’s free advertising for them, any of them would be well within their right to sue you and shut the project down. To be on the safe side I would definitely either reshoot your photos without any branding showing, or edit out any identifiable logos/branding from the existing photos before you publish. If you would like to discuss further, email me at:...
Unfortunately this would qualify for infringement. While it’s unlikely that any of these brands would care, namely because it’s free advertising for them, any of them would be well within their right to sue you and shut the project down. To be on the safe side I would definitely either reshoot your photos without any branding showing, or edit out any identifiable logos/branding from the existing photos before you publish. If you would like to discuss further, email me at:...
Q: Please see information below.
Thomas C Gallagher's answer
A lot is asked or implied in this query. I'll try to answer a few, but you may need to give me a call for a dialogue.
1. Discovery of squad car videos. If they have videos related to your case, they will allow a viewing free or normally provide a copy in return for reimbursement of the cost of making the copy. In DWI cases, usually there is a squad video since most police cars (though not all) have video and are set up to automatically start recording when the take down lights go...
A lot is asked or implied in this query. I'll try to answer a few, but you may need to give me a call for a dialogue.
1. Discovery of squad car videos. If they have videos related to your case, they will allow a viewing free or normally provide a copy in return for reimbursement of the cost of making the copy. In DWI cases, usually there is a squad video since most police cars (though not all) have video and are set up to automatically start recording when the take down lights go...
Q: Is a spouse automatically entitled to spousal maintenance?
Lisa Watson Cyr's answer
A spouse is not automatically entitled to spousal maintenance. The court must consider the factors set forth in Minn. Stat. Sec. 518.552 in making a determination whether to award spousal maintenance.
A spouse is not automatically entitled to spousal maintenance. The court must consider the factors set forth in Minn. Stat. Sec. 518.552 in making a determination whether to award spousal maintenance.
Q: What happens if I can't refinance my mortgage in a divorce decree?
Lisa Watson Cyr's answer
It depends on what your divorce decree indicates as the result of you not refinancing on schedule.
It depends on what your divorce decree indicates as the result of you not refinancing on schedule.
Q: I want to go back to my mother
Lisa Watson Cyr's answer
You need to talk with your parents as to your reasons for wanting a change in the time you spend with each of them.
You need to talk with your parents as to your reasons for wanting a change in the time you spend with each of them.
Q: My daughter was recently bitten in the face at her mom's boyfriend's house and received over 100 stitches, can I sue
1 Answer
| Asked
in
Family Law, Personal Injury, Animal / Dog Law and Child Custody
for
Minnesota
on
Answered on Apr 9, 2018
Answered on Apr 9, 2018
Lisa Watson Cyr's answer
Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.
Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.
Q: We have a tax attorney who filed an OIC for us. Our OIC was returned because we didn’t file everything. I feel like the
Linda Simmons Campbell's answer
It is difficult without seeing what was submitted to tell you whether this should have happened or not. If you neglected to tell the attorney that you had an asset, for example, and did not provide the attorney the proper documents that is not their fault. If it is something that the attorney neglected to fill out or provide then you should have a discussion with your attorney.
I let all my clients know that they will lose their deposit if the OIC is rejected. It is odd that you...
It is difficult without seeing what was submitted to tell you whether this should have happened or not. If you neglected to tell the attorney that you had an asset, for example, and did not provide the attorney the proper documents that is not their fault. If it is something that the attorney neglected to fill out or provide then you should have a discussion with your attorney.
I let all my clients know that they will lose their deposit if the OIC is rejected. It is odd that you...
Q: Can the testimony of a victims saying the statement were false van it drop my charges
Thomas C Gallagher's answer
It's up to the prosecutor, and then possibly the judge, whether criminal charges should be dismissed before trial or the defendant acquitted at trial -- based on a witness recanting their original statement to police. You should discuss this with your lawyer. Ideally a defense investigator can interview a witness wanting to set the record straight, and get a recorded statement. Once obtained, depending upon it's quality, your lawyer should know what to do and take it from there.
It's up to the prosecutor, and then possibly the judge, whether criminal charges should be dismissed before trial or the defendant acquitted at trial -- based on a witness recanting their original statement to police. You should discuss this with your lawyer. Ideally a defense investigator can interview a witness wanting to set the record straight, and get a recorded statement. Once obtained, depending upon it's quality, your lawyer should know what to do and take it from there.
Q: Injured in home personal care and house repair
Lucas Wynne's answer
If this is a job you are hired to do, then it would likely be a workers' compensation claim. If this is just something you were doing, you may need to consult with a personal injury lawyer for further help. Virtually every PI lawyer gives free consultations, your easiest route would be to call and ask. Hope this helps!
If this is a job you are hired to do, then it would likely be a workers' compensation claim. If this is just something you were doing, you may need to consult with a personal injury lawyer for further help. Virtually every PI lawyer gives free consultations, your easiest route would be to call and ask. Hope this helps!
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