Minnesota Questions & Answers by Practice Area
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Minnesota Questions & Answers
Q: Does a city police officer have more bearing in the courts than a regular civilian if hes the defendant standing trial?
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Minnesota
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Joseph A. Gangi's answer
What do you mean "more bearing"? The prosecutor's burden of proof is the same regardless of who is standing trial.
What do you mean "more bearing"? The prosecutor's burden of proof is the same regardless of who is standing trial.
Q: I have a conviction for spousal battery from 1995, is it still on my record? if so, can it be removed?
Joseph A. Gangi's answer
You will need to petition for expungement. If your petition is successful, the records will be sealed, but not destroyed. The process is complicated so I suggest you work with an attorney familiar with these petitions.
You will need to petition for expungement. If your petition is successful, the records will be sealed, but not destroyed. The process is complicated so I suggest you work with an attorney familiar with these petitions.
Q: My neighbor has horses he is never home the horses get out run into my yard damaging my property and animal.
Joseph A. Gangi's answer
Talk with a lawyer about bringing a lawsuit under the "running at large" statute
Talk with a lawyer about bringing a lawsuit under the "running at large" statute
Q: Is there a length of time u can take a ex gf to small claims court over money that I feel she owes me?
Joseph A. Gangi's answer
Yes, it is called a "statute of limitations" and the amount of time varies based on the claim.
Yes, it is called a "statute of limitations" and the amount of time varies based on the claim.
Q: Am I required to have DUI plates on my vehicle even though I was not with during the incident
Joseph A. Gangi's answer
"The order must require the impoundment of the registration plates of the motor vehicle involved in the plate impoundment violation and all motor vehicles owned by, registered, or leased in the name of the violator, including motor vehicles registered jointly or leased in the name of the violator and another."
"The order must require the impoundment of the registration plates of the motor vehicle involved in the plate impoundment violation and all motor vehicles owned by, registered, or leased in the name of the violator, including motor vehicles registered jointly or leased in the name of the violator and another."
Q: If I as terminated for something that I was specifically told I would not be fired for and they did later on terminate
Joseph A. Gangi's answer
It depends on what they fired you for, whether you have a contract, and other factors.
It depends on what they fired you for, whether you have a contract, and other factors.
Q: I am being charged with a domestic assault where nobody was touched, and the prosecutor is using my juvenile record
Joseph A. Gangi's answer
These are great questions to ask your criminal defense attorney - get one as soon as you can.
These are great questions to ask your criminal defense attorney - get one as soon as you can.
Q: I want to form a home improvement llc company in minnesota. If I am an llc company can I obtain building permits?
Richard Michael Gee's answer
I am not admitted as an attorney in Minnesota, and so cannot give you legal advice on Minnesota law. However, I have never heard of a restriction on LLC's obtaining building permits in the states where I practice, California and Colorado. The bigger issue may be whether the LLC is licensed according to your state's contractor licensing laws, or the business licensing laws in city or county in which you operate. You may not be able to get a building permit if you do not have proof that you...
I am not admitted as an attorney in Minnesota, and so cannot give you legal advice on Minnesota law. However, I have never heard of a restriction on LLC's obtaining building permits in the states where I practice, California and Colorado. The bigger issue may be whether the LLC is licensed according to your state's contractor licensing laws, or the business licensing laws in city or county in which you operate. You may not be able to get a building permit if you do not have proof that you...
Q: Piece of tooth left found on after extraction 2 months after surgery and second visit to surgeon. Do I have a case?
Peter Munsing's answer
Problem is you would have to prove that was what caused the item and that it was from your tooth and not a piece of bone from something you ate. Size seems big for a tooth fragment.Follow up with a dentist to make sure what you pulled out wasn't a problem
Problem is you would have to prove that was what caused the item and that it was from your tooth and not a piece of bone from something you ate. Size seems big for a tooth fragment.Follow up with a dentist to make sure what you pulled out wasn't a problem
Q: I have a court order signed by the judge stating that I get my son one week after the school year Is out,
Lucas Wynne's answer
The best route is to bring a motion for contempt. Bringing the motion will require strict adherence to procedure. You will likely need an attorney to bring the motion. I would also note that, depending on the situation, this may be a situation in which you should ask for compensatory parenting time (for the time missed). This may also present an opportunity to ask for modification of the existing parenting time arrangement.
Disclaimer: I am not your attorney if and until a written...
The best route is to bring a motion for contempt. Bringing the motion will require strict adherence to procedure. You will likely need an attorney to bring the motion. I would also note that, depending on the situation, this may be a situation in which you should ask for compensatory parenting time (for the time missed). This may also present an opportunity to ask for modification of the existing parenting time arrangement.
Disclaimer: I am not your attorney if and until a written...
Q: My step son wants my last name doesn't want his fathers last name doesn't see him or talk to him hardly can we change it
Lucas Wynne's answer
I do not consider this to be an expensive case, but it is one for which you will likely need an attorney. Generally, this is the type of case attorneys like myself, who regularly serve the Fargo-Moorhead area, do on a flat fee because we know the amount of time and effort required. Please note that my answer is specific to the state of Minnesota as I see you are asking this question in the Minnesota.
My advice is this - in Minnesota, you will need to file a name change application,...
I do not consider this to be an expensive case, but it is one for which you will likely need an attorney. Generally, this is the type of case attorneys like myself, who regularly serve the Fargo-Moorhead area, do on a flat fee because we know the amount of time and effort required. Please note that my answer is specific to the state of Minnesota as I see you are asking this question in the Minnesota.
My advice is this - in Minnesota, you will need to file a name change application,...
Q: There is a chance my wife (petitioner) is pregnant, will this effect my CR1 process in any way?
Kevin L Dixler's answer
Each applicant may have different needs. More information is needed, because if you decide to suddenly leave the U. S., then it is unclear whether you can return in a timely manner. There are financial, legal and personal consequences to consider when deciding whether to file in the U. S. or file with the National Visa Center for consular processing.
As a result, I strongly recommend an appointment or teleconference with a competent, experienced and ethically consider immigration...
Each applicant may have different needs. More information is needed, because if you decide to suddenly leave the U. S., then it is unclear whether you can return in a timely manner. There are financial, legal and personal consequences to consider when deciding whether to file in the U. S. or file with the National Visa Center for consular processing.
As a result, I strongly recommend an appointment or teleconference with a competent, experienced and ethically consider immigration...
Q: Will I be able to visit the USA while my CR1 visa is being processed? (I'm from London,UK)
Roger Carl Algase's answer
A person who has a pending green card application is not allowed to enter the US in visitor status. The legal definition of a visitor is a person who intends to return to live permanently at his/her overseas address after travelling to the United States.
A person who has a pending green card application is not allowed to enter the US in visitor status. The legal definition of a visitor is a person who intends to return to live permanently at his/her overseas address after travelling to the United States.
Q: My husband is from mexico, was arrested for a DUI, through our marriage he got his deportation removed and obtained a
Kevin L Dixler's answer
More information is needed, but it seems like he was unable to complete the process. This means that he may be deported, which can complicate your life as well as custody matters, where there are children.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
More information is needed, but it seems like he was unable to complete the process. This means that he may be deported, which can complicate your life as well as custody matters, where there are children.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
Q: Can an employer ask you if you are a U.S. citizen in an application OR during an interview?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Minnesota
on
Answered on Jun 1, 2017
Answered on Jun 1, 2017
Joseph A. Gangi's answer
Generally not. A permissible question is whether you are authorized to work in the United States. Citizenship is rarely a bona fide requirement of a job.
Generally not. A permissible question is whether you are authorized to work in the United States. Citizenship is rarely a bona fide requirement of a job.
Q: I live in Minnesota and I'm 17, is it legal for me to have sex with someone who is 22?
Joseph A. Gangi's answer
The age of consent in Minnesota is 16, but there are some other factors that come into play, such as if the adult party is in a "significant relationship" or "position of authority" or if there are vulnerabilities involved.
The age of consent in Minnesota is 16, but there are some other factors that come into play, such as if the adult party is in a "significant relationship" or "position of authority" or if there are vulnerabilities involved.
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