My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... Read more »
answered on May 25, 2023
Usually, as in your case, they need the victim of the assault testifying as to what happened.
A victim’s testimony about an assault she personally experienced isn’t hearsay and can be sufficient standing alone to support a conviction if the jury believes the victim.
It can be... Read more »
My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... Read more »
answered on May 25, 2023
The testimony of the alleged victim is not hearsay if she shows up and testifies under oath that you assaulted her. The fact that she is the only witness to the incident is not unusual. Many assaults occur when the only folks there are the alleged victim and the alleged perpetrator. Listen to... Read more »
My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... Read more »
answered on May 25, 2023
The state will have a difficult time getting a conviction on hearsay only. Normally the prosecutor will have at least one witness to testify that a crime did happen and the defendant did it. Pretrial evidentiary issues are less common in most assault cases, compared to other types of criminal... Read more »
I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact
answered on May 24, 2023
There is no form or petition for this. A DANCO can only be lifted by a judge.
If you wish to have the DANCO lifted or modified, I would start by reaching out to the victim's advocate assigned to the defendant's case. In almost all domestic violence cases, there is a... Read more »
I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact
answered on May 25, 2023
There is no form for this. You can certainly submit a letter to the Court asking for the DANCO to be modified or cancelled. The decision of whether that occurs is ultimately up to the judge who is assigned to handle the case. It is unlikely that the DANCO will be modified or cancelled if the... Read more »
I was charged in 2001 with felony terroristic threat and felony assault in the 5 degree.
answered on May 24, 2023
Unfortunately, neither one of these offenses (felony assault & terroristic threats are expungable offenses in the State of Minnesota at this time. You can find a full list of expungable felony offenses here: https://www.revisor.mn.gov/statutes/cite/609A/full#stat.609A.01.
If you... Read more »
answered on May 23, 2023
Employers often have rules regarding work that fall between legal, unfair and illegal. The kind of rule you are describing is one of those. If you were fired because you took a legally protected absence (illness, physical disability, crime victim or religious) and failed to provide a replacement... Read more »
This isn't the first incident either. The other time the police didn't believe me either. The guy that assaulted me has a lengthy record of assault and he's a convicted felon. He's also a professional boxer. I have bumps and bruises all over I have photo proof also.
answered on May 23, 2023
Fighting charges successfully almost always requires hiring a skilled criminal lawyer. You need to also be able to provide witnesses and documentary evidence that supports your version of the truth. WIthout that you will have to rely on the cross examination of the prosecution witnesses and you... Read more »
I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being... Read more »
answered on May 22, 2023
Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean... Read more »
I have 2 houses with land, show cars,alittle money in bank, lots of collectables and lots of junk. I have not done a will. and years are passing fast. I have no siblings and dont talk with distant relatives. I dont want the state to take over if something happens to me. I hate the thought of... Read more »
answered on May 21, 2023
It depends what you mean by "easier." If you hate the thought of getting married this seems to imply that this wouldn't be easy for you. Getting married married may involve the least amount of paperwork, but that doesn't necessarily mean it's easier for you. A will (or... Read more »
I make $110,000. My spouse makes $80,000. We have 2 kids.
answered on May 20, 2023
It's probable, that you will have to pay child support since you make more then the other parent. "The Minnesota Child Support Division bases the Child Support Guidelines Calculator on the Minnesota Child support guidelines statute." You should input your data to determine your... Read more »
commercial landlord put up political signs for very unappealing candidates last election, possibly alienating customers of tenants who may not know it was not the tenants who put up the signs.
answered on May 17, 2023
You pose an interesting question. Interference with use and enjoyment of a commercial property differs from a residential property. As an initial note, the covenant of quiet enjoyment is based on possession and not nuisances (no matter how bad.) It is, in effect, an eviction. In a residential... Read more »
and now he says its not his problem any more. it would cost me about as much as i bought the trailer for to fix it and get it safe i have screen shots and dot inspection sheet
answered on May 11, 2023
The seller may not have a duty to disclose everything, but misrepresenting the overall condition may be enough for you to recoup some of your money. It will come down to the specific details. What was said and written? Is it something that the seller should have known about? It may be worth having... Read more »
We had a house fire on 1-1-22 in Aitkin, MN. We were renting and I had renters insurance and I was told by my claims adjuster I had 2 years to get them my non salvageable list. Was going to send and my claim has been closed since July 2022. Just wondering how long a claim is open for
answered on May 9, 2023
A Minnesota attorney could advise best, but your question remains open for two weeks. I'm sorry about the fire. In terms of Minnesota statutes of limitations to file suit, only a local attorney can advise you there. But as a general premise of insurance practices nationwide, claims can... Read more »
I got a ticket for texting while driving in January 23. I paid the ticket and found out that it affects my ability to drive at my work and I need to get it off my record so that I can continue driving for my company.
answered on May 8, 2023
You can download this form form the Minnesota Courts website: Forms Packet: Ask to Withdraw Guilty Plea and Vacate Conviction (Petty Misdemeanor) You can use it to request a hearing on your motion to reopen the petty misdemeanor case. At the hearing, you can talk to the prosecutor to see if they... Read more »
Please no judgments, I made a dumb mistake and I very much regret it. But here goes:
I was caught undersigning merchandise at a large retailer, about $180, and the store security stopped me and made me go back to pay for the merchandise so I did, and then I was escorted into a room by... Read more »
answered on May 7, 2023
No judgments here. We all make mistakes and we as defense lawyers are here to help mitigate the fallout from your mistakes so that you are not defined by them. With that said-
The answer to your question is: it depends. The police officer who took the report and issued the citation will... Read more »
Please no judgments, I made a dumb mistake and I very much regret it. But here goes:
I was caught undersigning merchandise at a large retailer, about $180, and the store security stopped me and made me go back to pay for the merchandise so I did, and then I was escorted into a room by... Read more »
answered on May 7, 2023
A "citation" typically refers to a Minnesota "uniform citation," issued by police in lieu of an arrest, as a Summons to court on a tab charge. Most are for petty misdemeanors or "payable" misdemeanors (meaning the court will accept a guilty plea by payment of fine... Read more »
I have been living with her and taking care of her for the past year
answered on May 7, 2023
The short answer is No, it is not valid in most states. Each state has statutes that must be followed to execute a valid will. Usually, two witnesses are required and then it must be notarized.
The long answer is it may provide evidence of the intent of the decedent in a probate court,... Read more »
You
A friend (buddy 1) of mine goes to turn himself into jail and has his phone. The cops later search it and find old videos of him and another friend (buddy 2) blowing out bong rips that were sent to one another, privately. Can the cops charge my friend (buddy 2) with anything?... Read more »
answered on May 5, 2023
Unlikely that Buddy #2 would be charged.
If Buddy #2 was some sort of accomplice to the crime that Buddy #1 turned himself in for or was part of a conspiracy with Buddy #2, or the two were part of a drug conspiracy, then yeah, possibly. It also depends on how old the videos are (statute of... Read more »
You
A friend (buddy 1) of mine goes to turn himself into jail and has his phone. The cops later search it and find old videos of him and another friend (buddy 2) blowing out bong rips that were sent to one another, privately. Can the cops charge my friend (buddy 2) with anything?... Read more »
answered on May 5, 2023
"Old videos" of a person smoking something in a water pipe, alone, would not be enough to charge a crime. But it could possibly inspire police to investigate further (in an effort to get enough evidence to charge a crime). Therefore, it would make sense to prepare for that, prepare to... Read more »
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