Minnesota Questions & Answers

Q: I want to go to court and try to get it dismissed so it won’t go on my record (record is clean first ever ticket)

2 Answers | Asked in Traffic Tickets for Minnesota on
Answered on Jun 21, 2018
Jonathan Matthew Holson's answer
You should absolutely go to court. If you don't have anything else on your record, you should be able to do something so that it does not go on your driving record so long as you pay a fine/costs and don't get any additional tickets for a year to six months. Well worth the trip to court.
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Q: Me and my wife were caught shop lifting at Sams club for merchandise worth $153 and were given a citation.

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Jun 20, 2018
Thomas C Gallagher's answer
Retailers can demand payment of a civil penalty. Some might confuse that with a court citation, which is a separate action. In any event, payment of a court citation without appearing in court results in a conviction, normally of a petty misdemeanor - though sometimes court records imply a misdemeanor conviction. Though a petty misdemeanor is "not a crime," the court conviction record would be a public one, easily available to anyone online. Most people wish to keep their public court...
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Q: The 1-94 will expired June 21Th can I send the I-130 before I-485. the reason is that the I-693 is not ready until July3

1 Answer | Asked in Immigration Law for Minnesota on
Answered on Jun 20, 2018
Carl Shusterman's answer
The I-193 is an application for waiver of passport and/or visa. It is to be used by a person who is a legal resident of the United States, to re-enter the United States without the person's passport and/or visa.

If your mother is not currently in the US, you can file an I-130 on her behalf, but she can not file an I-485 from abroad.
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Q: why isn't anyone being charged with criminal property damage to my property? Lots of evidence as to who it was.

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jun 19, 2018
Thomas C Gallagher's answer
The police investigate events for potential criminal charging. Only the prosecuting attorney can file a criminal charge against a person with the court. The prosecuting attorney will wait until the police complete their investigation and submit the results of that investigation to the prosecuting attorney, who will then considering making a criminal Complaint. It sounds like the case involving you is still in the investigation phase. Police don't always communicate with people who have...
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Q: I was caught shop lifting at Walmart in the amount of $52.00 I was not arrested will this effect me getting a job

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jun 17, 2018
Thomas C Gallagher's answer
Retailers can seek both a civil remedy and a criminal remedy against shoplifters. Those two remedies are separate and distinct from one another. It's the criminal remedy that can result in the accused person having a criminal conviction record that interferes with getting jobs, rental housing, and other problems. To prevent that (after having been charged with a crime), be sure to go to court and seek an outcome that will not result in a conviction on your public court record. A criminal...
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Q: is a signature needed by the driver for a ticket in Minnesota to be valid?

1 Answer | Asked in Traffic Tickets for Minnesota on
Answered on Jun 16, 2018
Thomas C Gallagher's answer
The government does not need a driver or other person to sign a citation, which is a summons to appear in court. For a petty misdemeanor failure to respond results in a conviction by default. You can look up the citation number on the Minnesota courts website to see if or when it is entered into the courts system. A warning will not be, but a citation will.
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Q: Advised I needed probono personal injury lawyer for severe emotional abuse, how do I find

1 Answer | Asked in Personal Injury for Minnesota on
Answered on Jun 15, 2018
D. Patrick McCullough's answer
You should consult with another attorney who is experienced in Personal Injury cases and he/she could then give you the correct advice as to how to proceed. Most, if not all, attorneys in these type of cases will consult with you free of charge.
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Q: my 16 year old son got a speeding ticket going 85 in a 60 zone will the judge take his license he has been in no trouble

1 Answer | Asked in Traffic Tickets for Minnesota on
Answered on Jun 15, 2018
Thomas C Gallagher's answer
Judges almost never take drivers licenses. Rather, the Minnesota Department of Public Safety administers drviers licenses. One way to get your drivers license ("DL") revoked to is be deemed a "habitual violator" under the administrative rules for the Minnesota Department of Public Safety -- too many moving violations with a 12 or 24 month period. One would not tirgger that. Certain driving-related convictions can result in DL revocation, such as DWI, driving without insurance, driving after...
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Q: Can I be charged with trespassing if we were only there shortly and didn't use an facilities and had thought it was fine

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jun 14, 2018
Thomas C Gallagher's answer
Sometimes people are charged with crimes that they should not be charged with. Trespassing can be a crime, but it is rarely charged as a crime. Trespassing is when a person is on land or in a place where they do not have a right to be, including as a guest. In many contexts, we walk or are present on land or in places we do not own, based on apparent or implied license to be there. A person generally will not be trespassing unless they have clear notice that they are unwelcome there, and...
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Q: Would making "Bigger Baller Brand" shirts break any trademark laws?

1 Answer | Asked in Trademark for Minnesota on
Answered on Jun 13, 2018
Jason Brooks' answer
A common reason Trademark registrations are denied is “Likelihood of Confusion” with an existing mark. The mark you have indicated would likely cause consumer confusion with the existing “Big Baller Brand.” By way of example, you would also have difficulty registering something like “And Another One” in any stream of commerce in which “And One” is already registered.
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Q: Hennepin county, speeding 71 in a 55. Misdemeanor. Possible to have this dropped to a petty to stay off record? Steps?

1 Answer | Asked in Traffic Tickets for Minnesota on
Answered on Jun 12, 2018
Thomas C Gallagher's answer
Most seek to prevent a moving violation from ending upon their drivers license record, for several reasons. If convicted of a driving-related crime or petty misdemeanor, the Court Administrator will "certify" (send) the record of that conviction to the Minnesota Department of Public Safety. Therefore to achieve the desired result, one must prevent a conviction for a driving or vehicle related violation or crime, in court. The main exception to that rule for Minnesota licensed drivers is what...
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Q: I am moving and I set up a garage sale that upon packing I have added more it was placed neatly on my yard and covered

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Minnesota on
Answered on Jun 12, 2018
Gary Kollin's answer
Look at the case of Carton v. City of St. Petersburg. I believe that will provide you guidance. Google
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Q: I got charged along with 2 others in the car, with possession of drug paraphernalia, but I had nothing on me.

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jun 12, 2018
Thomas C Gallagher's answer
First, it is possible for two or more people to jointly possess one thing. Before anyone can be held legally responsible for criminal possession of a thing, there must be evidence that that person knew of the contraband's identity and existence.

It's important to know that ownership is not the same as possession. Ownership means one or more persons have the right to control, destroy, modify a thing. Knowing possession means a person "exercises dominion and control" over a thing....
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Q: Charged with driving after cancellation and inimical to public safety but cop didn’t read rights or have lights on I was

2 Answers | Asked in Car Accidents and Criminal Law for Minnesota on
Answered on Jun 12, 2018
Jonathan Matthew Holson's answer
You didn't complete writing your question. The officer is not required to read you your rights unless he/she is going to engage in custodial interrogation. Simply issuing you a ticket or taking you to the station does not require a reading of the Miranda rights. I don't know what you are indicating about the officer not having his/her lights on.
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Q: What are the ramifications of taking a plea deal?

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jun 12, 2018
Thomas C Gallagher's answer
The main ramification of agreeing to something is that you'll normally be bound by your agreement, and its substance, its content.

Procedurally, accepting a settlement agreement in a criminal case normally means giving up your right to challenge the government's case, including pretrial challenges, the right to a jury trial, and renders most appeals pointless.

It is important to be sure before accepting a settlement agreement.
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Q: 180 license revoked. Cheaper option to go with? Lawyer or just do what state says on letter to get reinstated.

1 Answer | Asked in Traffic Tickets for Minnesota on
Answered on Jun 11, 2018
Thomas C Gallagher's answer
Not enough information here to form an answer. A phone call may work better. In general, if a drivers license revocation has been triggered by a traffic-related conviction where the driver did not appear in court ordid not have a lawyer, a motion to re-open might be considered.
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Q: I am supposed to close on a home later this month, however wife and I filing for divorce, can I somehow cancel purchase?

1 Answer | Asked in Real Estate Law for Minnesota on
Answered on Jun 11, 2018
Vincent Gallo's answer
The terms of your contract should be able to provide you with the answer to that question.
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Q: I had gotten an inheritance in 2011 and havent filed taxes since or worked and Minnesota seized 28k from my bank

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Tax Law for Minnesota on
Answered on Jun 6, 2018
Eric Steven Day's answer
The IRS has the right to file what is called an SFR - substitute for return on your behalf. If they see a substantial amount of income that was reported to them from third-parties, they will likely conduct an audit of your account and force the preparation of a tax return. Once there is an assessment, the government has the right to levy money from you bank account in satisfaction of that tax debt. They do have to provide you with notice, and you have the right to appeal the collection...
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Q: If a non compete in work file isn't totally filled out nor signed by representative from co. from 2010 is it binding?

1 Answer | Asked in Employment Law for Minnesota on
Answered on Jun 4, 2018
Joseph A. Gangi's answer
It depends on a number of things. Schedule a consult with an employment attorney to discuss the specifics of your situation and the actual language of the agreement.

Q: What's the typical cost of fighting a college expulsion for plagiarism?

1 Answer | Asked in Education Law for Minnesota on
Answered on Jun 4, 2018
Joseph A. Gangi's answer
The cost will likely vary depending on the complexity of the allegations, the school, the internal appeal process, and the individual attorney, among other things.

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