Minnesota Questions & Answers by Practice Area


Minnesota Questions & Answers

Q: 15 year old girl had sex with a 13 year old boy. Dad wants to punch boy in face thinking it would be a petty misdemeanor

1 Answer | Asked in Criminal Law for Minnesota on
Answered on May 26, 2017

I understand your anger and am sorry to hear about this situation. No attorney will assist you in the commission of a crime and it is highly advised that you do not take this action as the consequences could be severe. If the injury inflicted were severe enough (and you have no way of predicting as much), it could amount to decades of time in prison. No jury will be sympathetic with an adult who attacked a child.

If this has already occurred, retaining an attorney with a realistic view...
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Q: What is the likely hood a judge will transfer a custody case if the other parent will not agree?

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Answered on May 26, 2017

The court does not have to honor your request and this is a bit of a crapshoot, frankly, that is highly dependent on the judge in your case. You should make this motion early on in the case before other issues are heard. Frankly, you need an attorney. If this were my case, I would make a motion based on Forum non conveniens.
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Q: If the speed limit is posted, but no minimum speed is, on an urban road, is there a legal minimum speed limit?

1 Answer | Asked in Traffic Tickets for Minnesota on
Answered on May 26, 2017

In Minnesota the speed limit is 30 MPH on urban roads if not otherwise posted.
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Q: what do I need to bring to court for a custody hearing regarding a dog?

1 Answer | Asked in Animal / Dog Law for Minnesota on
Answered on May 26, 2017

There is no such thing as a custody hearing for a dog because dogs are property, not people. However, if you are going to small claims court over the ownership of a dog or the dog is being awarded as property subject to a divorce proceeding, then I would suggest bringing any receipts, registration documents, etc. that might evidence your ownership of the dog. I hope this is helpful.
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Q: Can my sons father get a restraining order dropped its been in place for 6 months now and he didnt even respond.

1 Answer | Asked in Domestic Violence and Family Law for Minnesota on
Answered on May 26, 2017

Go to MNCourts.gov and find the "Affidavit and Order for Dismissal" form. Then, file it as instructed by the website.
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Q: I am bound by a non compete contract and want to move to competitor but employee says no.

1 Answer | Asked in Employment Law for Minnesota on
Answered on May 9, 2017

The answers to your question depend entirely on the language used in the non-compete agreement itself and the circumstances surrounding this contract. You will likely need to pay an attorney to review this information and provide you with an opinion.
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Q: Is requiring someone to apply for a Driver's License taking away his or her right to Locomotion?

1 Answer | Asked in Traffic Tickets and Constitutional Law for Minnesota on
Answered on May 3, 2017
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Q: felony criminal case not guilty plea entered how can omnibus hearing be waived?

1 Answer | Asked in Criminal Law for Minnesota on
Answered on May 3, 2017

Criminal procedure is highly complicated and the consequences of a felony conviction can be enormous -- you are advised to obtain legal representation as soon as possible.
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Q: I don't have legal custody of my daughter but she has lived with me for 6 months. What rights do I have?

1 Answer | Asked in Child Custody for Minnesota on
Answered on May 1, 2017

I am assuming you are the father. You have no legal right until you establish custody and parenting time. It is highly suggested you retain an attorney for assistance. I have helped fathers and have also stood against individuals without attorneys - things tend to go poorly for the individual without an attorney. Most cases will settle in mediation but this cnnot be guaranteed. Each situation is unique.
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Q: My sister and I split my mom's checking account after she died this January.

1 Answer | Asked in Estate Planning for Minnesota on
Answered on Apr 24, 2017

Call an elder law attorney ASAP (and I mean right now) to see what can be done. Failure to act quickly could have big consequences.
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Q: What is the charge "FYRW"

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Apr 24, 2017

Failure to Yield the Right of Way.
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Q: Are humane societies subject to puppy lemon laws in Minnesota?

1 Answer | Asked in Lemon Law and Animal / Dog Law for Minnesota on
Answered on Apr 21, 2017

No. Humane societies are not covered under the 325F.79 definition of pet dealers.
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Q: What if I haven't seen my daughter in 16 yrs and now the mother is asking for child support.

1 Answer | Asked in Child Support for Minnesota on
Answered on Apr 21, 2017

You are best off speaking with an attorney about your particular situation. If it has been sixteen years, there would likely be very little time left to pay support. This does not mean you will get out of paying, but I would not simply trust the mother's calculation as to the amount of support.
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Q: I made an offer on a house contingent on the sale of mine. Another offer came in. My house is on brink of selling.

1 Answer | Asked in Real Estate Law for Minnesota on
Answered on Apr 20, 2017

Ask the other party for an extension?
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Q: Buyer backed out day of closing. Claiming couldnt get financing due to unmarketable title.we have a court order granting

1 Answer | Asked in Real Estate Law for Minnesota on
Answered on Apr 20, 2017

Do you have title insurance?
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Q: I have been charged with felony test refusal in mn. I complied with all field sobriety tests including the pbt.

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Apr 20, 2017

You may have an argument depending on the circumstances. This would be a great question for your attorney after discussing the particular facts of your case.
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Q: About to close on a duplex, can I start taking applications for renters before the closing so tenants can move in after?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Answered on Apr 20, 2017

If you enter into a binding contract, but for whatever reason you cannot perform, you may be liable for damages.
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Q: My daughter terminated her legal rights to her daughter, does that mean my legal rights have been terminated as well?

1 Answer | Asked in Family Law for Minnesota on
Answered on Apr 20, 2017

Grandparents may have certain rights - you should make an appointment with a family law attorney before it is too late.
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Q: Is it possible for a lease to be both an at-will or month to month and a fixed term . It just seems contradictory

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Minnesota on
Answered on Apr 20, 2017

It sounds like you have a year lease and you make monthly payments. Month-to-month means you or the landlord can terminate the lease with a month notice, but if you have a contractual right to the property for a year, then it doesn't sound like you have a month-to-month lease. The outcome will of course depend on the actual language used in your contract, so you may wish to speak to an attorney about your rights with particular focus on what is prompting this question in the first place,...
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Q: 609.749.5(a) (b) a "pattern of stalking conduct" means 2 or more acts within a 5 yr period. Acts ir convictions?

1 Answer | Asked in Constitutional Law and Criminal Law for Minnesota on
Answered on Apr 20, 2017

If you have been charged with this crime, you should hire a criminal defense attorney and discuss this statute in more detail. There may be arguments you can make in favor of dismissal.
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