Minnesota Questions & Answers

Q: If pulled over, and vehicle gets towed spent a weekend in jail and day of court you get released with charges dropped

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Feb 13, 2019
Thomas C Gallagher's answer
Normally the tow yard won't release a vehicle with a police hold. So if there is one, the owner will want to get the police to release the hold. If police are demanding proof of insurance and plates, then of course that may be a good idea. If there is some legitimate reason for the vehicle to be released without those, you could try to persuade the police or government they work for, of that. (For example, it's a track car only.) As for avoiding paying the tow and storage charges, I'm...

Q: What does “PROB CAUSE” mean when referring to the severity of charges?

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Feb 13, 2019
Thomas C Gallagher's answer
That looks like an excerpt from a jail roster. A person held in jail must be there either under a court Order (i.e., an arrest warrant), or a "probable cause hold." The laws give police officer limited authority to check someone into jail with a court order, upon their representation of "probable cause" to believe the person committed a crime. "Probable cause" is a legal term of art that means somewhat different things depending upon context. In this context, it means the police officer...

Q: The snow was on my rear windshield I am unsure as to if the charge is even correct under that statue.

1 Answer | Asked in Criminal Law and Traffic Tickets for Minnesota on
Answered on Feb 8, 2019
Thomas C Gallagher's answer
You could call a Driver Evaluator at the Minnesota Department of Public Safety to ask if it would go on your drivers license record (moving violation). If not, then it's mainly just the fine. You could fight it on the grounds that your car does have the ability to clear the rear windshield and it was not covered in snow, except that caused by heavy snowfall. Or, ask for a reduced fine.

Q: My mother is going in Assisted living. She will pay until her money runs out then go on Elderly waiver.

1 Answer | Asked in Estate Planning for Minnesota on
Answered on Feb 6, 2019
Joshua Damberg's answer
Medical Assistance laws, including Elderly Waiver (EW), are incredibly complicated and can have harsh penalties if there are any financial issues or reporting mistakes. Also important to remember is that each state has its own Medicaid laws (Medical Assistance in MN), so you cannot rely on an attorney in New York to advise upon laws here in Minnesota or vice versa. Depending upon your mother's age, health care needs, and financial circumstances, Elderly Waiver may or may not be the appropriate...

Q: Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?

1 Answer | Asked in Contracts, Estate Planning and Family Law for Minnesota on
Answered on Feb 6, 2019
Joshua Damberg's answer
Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional policies and layers of red tape. So long as the Power of Attorney was validly executed, the bank SHOULD recognize it. You and/or your cousin may need to push back against bank policy and make the institution...

Q: I sold a pistol to a pawn shop last month and today the police came saying it was stolen.

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Feb 6, 2019
Thomas C Gallagher's answer
A charge is simply an unproven claim. Whether a prosecutor will charge a crime will depend a great deal on whether there is evidence to support the claim. What evidence could there be to support, or destroy the claim. A receipt could be one piece of evidence, among others. I'm sure you'll keep looking for the receipt. If a credit card was used, a duplicate may be available. In the meantime, don't talk to police. Instead consult me or another criminal defense lawyer right away....

Q: Expecting drug possession charge - lawyers i've consulted (& cant afford) advise early action, low-income guy says wait.

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Feb 6, 2019
Thomas C Gallagher's answer
My private practice is focused on marijuana and drug cases in Minnesota. I talk to a lot people who've recently been searched or arrested. Usually I recommend waiting to hire me or another defense attorney until charges are filed. Why? In some, albeit small, percentage of these situations, the person never gets charged. Is it ever a good idea to hire a lawyer pre-charge? Yes. When? If the person is experiencing ongoing police harassment or contacts, you'll benefit from pre-charge...

Q: I have filed a chapter 13 as i want to keep my home. Lender wants me to sign a deed and lieu.

1 Answer | Asked in Bankruptcy for Minnesota on
Answered on Feb 1, 2019
Timothy Denison's answer
Don’t sign the deed without discussing with your lawyer. You can put your arrearages into the plan and pay them off in two years. Find the money for your lawyer bc you can’t afford to lose your house.

Q: I am an asylee living in the US since 2001. I have been convicted of DUI felony. I need to change my status to green car

1 Answer | Asked in DUI / DWI and Immigration Law for Minnesota on
Answered on Feb 1, 2019
Kelli Y Allen's answer
I suggest hiring an immigration attorney to assist you with the adjustment of status process. If the DUI is the only thing on your record, it should not be an issue.

Q: After a district courts verdict of first degree premeditated murder was upheld by MN Supreme Court, what is the next ste

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jan 31, 2019
Thomas C Gallagher's answer
Consult your appellate lawyer. More appeals may be possible, but there would need to be grounds for appeal depending on the case. Appeal deadlines are short, so consult your lawyer very soon.

Q: Why has there never been restitution for the items taken, along with pain and suffering?

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jan 31, 2019
Thomas C Gallagher's answer
That would be a question to ask court services, or the probation office.

Q: hi, i was in court today for a first appearance. upon check in with court clerk, i was given a book and release

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Answered on Jan 30, 2019
Thomas C Gallagher's answer
Hard to say without being there, or knowing anything about the specifics. You could have asked a judge to review that request. The judge might have ordered it not necessary. But it sounds like you already did it.

Q: In MINNESOTA, how old does the licensed driver have to be for a 20 year old with a permit?

1 Answer | Asked in Traffic Tickets for Minnesota on
Answered on Jan 30, 2019
Thomas C Gallagher's answer
From Minnesota Dept. of Public Safety website:

"If you are 19 or older, you must practice driving with an adult licensed driver for at least three months

before taking a driving test."

"An adult" is someone 18 years old or older.

https://dps.mn.gov/divisions/dvs/forms-documents/Documents/InstructionPermitFAQ.pdf

Q: Good Morning, Attn: Regarding immigration lawI am currently living in Colombia and plan to move back to Minnesota.

1 Answer | Asked in Immigration Law for Minnesota on
Answered on Jan 22, 2019
Kelli Y Allen's answer
Is the person you're referring to your boyfriend/fiance? If so, you can marry in Colombia and file a spousal visa petition. The process takes about a year and a half, so it that's the route you are going to take, it would make sense to file as soon as possible.

Q: Received a citation in the mail, date of offense is incorrect and no option for court.

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Jan 21, 2019
Jonathan Matthew Holson's answer
Depending on the county where this offense occurred, you need to see a hearing officer before a court date will be set. You should contact the telephone number on the citation if you wish to get a court date set. I doubt that a clerical error on the ticket means that the charge will be dismissed. Typically squad cars are equipped with dash cams which should depict what occurred on the date of offense that may back up the officer's factual claims - date error aside. BUt you could try getting...

Q: Riding dirtbike on someone private property, I didn’t know. They use force to make me leave it gets violent, details

1 Answer | Asked in Criminal Law and Intellectual Property for Minnesota on
Answered on Jan 18, 2019
Thomas C Gallagher's answer
It's difficult to answer detailed hypothetical questions in the absence of context. You might try a phone call instead. It doesn't seem that you are charged with a crime. So it does not look like a criminal law question. If you're charged with a crime, that usually defines the purpose of the question. If you're considering a civil claim, you may want to talk to a civil lawyer.

Q: My American friend married a Honduran man. They have an American born son, age 5. The man went back to Honduras because

1 Answer | Asked in Immigration Law for Minnesota on
Answered on Jan 15, 2019
Kelli Y Allen's answer
Please recommend that your friend contact an experienced immigration lawyer. She will need to file a spousal visa petition, but the specifics depend upon several factors such as: whether he entered the U.S. with a visa, how long he was here without legal status, whether he entered he U.S. more than once, whether he was ordered removed or left voluntarily. It is a somewhat lengthy and complicated process so she will absolutely need legal assistance.

Q: If I am not told that an interview with a police investigator is being recorded, is it still submissible as evidence?

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jan 15, 2019
Thomas C Gallagher's answer
The most common reasons confessions and statements to police are suppressed are: (1) involuntary or coerced; (2) no Miranda warning where suspect is in custody and being questioned by police; and (3) no valid waiver of rights. In Minnesota, courts also want police to audio record statements. But in Minnesota, pretty much anyone can lawfully record their own conversation without disclosing the fact that it's being recorded. Recording other people's conversations without notice is illegal...

Q: If you get caught shoplifting at Walmart can they check security cameras from prior visits to see if you were

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jan 14, 2019
Thomas C Gallagher's answer
I'm not an expert on Walmart security and loss prevention practices. It seems reasonable to assume that they don't keep massive video files of the store for years. Days? Weeks? I don't know. But if they have the video still, that would allow them to use it, right? I'm not sure whether simply video evidence would be enough to charge someone though. To have a solid case, they should have some other, corroborating evidence. In the end, the specific facts of an actual situation would be...

Q: My boyfriend ia 17, and had a warrant out for his arrest. He got picked up and sent to JDC. How long is it going to be?

1 Answer | Asked in Juvenile Law for Minnesota on
Answered on Jan 13, 2019
Thomas C Gallagher's answer
No one could answer that question with the given information. People held for probation violations tend to be locked up longer, than those who only are facing a new charge. Contact the jail to see if they allow visiting hours for juveniles. If he was charged with a felony at age 16 or older, his record is public. That would mean you could check with the court for his next court date.

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