Minnesota Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
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
Lucas Wynne's answer
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...
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...
Q: What is the likely hood a judge will transfer a custody case if the other parent will not agree?
Lucas Wynne's answer
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.
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.
Q: what do I need to bring to court for a custody hearing regarding a dog?
Lucas Wynne's answer
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.
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.
Q: Can my sons father get a restraining order dropped its been in place for 6 months now and he didnt even respond.
Lucas Wynne's answer
Go to MNCourts.gov and find the "Affidavit and Order for Dismissal" form. Then, file it as instructed by the website.
Go to MNCourts.gov and find the "Affidavit and Order for Dismissal" form. Then, file it as instructed by the website.
Q: I am bound by a non compete contract and want to move to competitor but employee says no.
Joseph A. Gangi's answer
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.
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.
Q: felony criminal case not guilty plea entered how can omnibus hearing be waived?
Joseph A. Gangi's answer
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.
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.
Q: I don't have legal custody of my daughter but she has lived with me for 6 months. What rights do I have?
Lucas Wynne's answer
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.
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.
Q: My sister and I split my mom's checking account after she died this January.
Lucas Wynne's answer
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.
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.
Q: Are humane societies subject to puppy lemon laws in Minnesota?
Lucas Wynne's answer
No. Humane societies are not covered under the 325F.79 definition of pet dealers.
No. Humane societies are not covered under the 325F.79 definition of pet dealers.
Q: What if I haven't seen my daughter in 16 yrs and now the mother is asking for child support.
Lucas Wynne's answer
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.
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.
Q: I have been charged with felony test refusal in mn. I complied with all field sobriety tests including the pbt.
Joseph A. Gangi's answer
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.
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.
Q: About to close on a duplex, can I start taking applications for renters before the closing so tenants can move in after?
Joseph A. Gangi's answer
If you enter into a binding contract, but for whatever reason you cannot perform, you may be liable for damages.
If you enter into a binding contract, but for whatever reason you cannot perform, you may be liable for damages.
Q: My daughter terminated her legal rights to her daughter, does that mean my legal rights have been terminated as well?
Joseph A. Gangi's answer
Grandparents may have certain rights - you should make an appointment with a family law attorney before it is too late.
Grandparents may have certain rights - you should make an appointment with a family law attorney before it is too late.
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
Joseph A. Gangi's answer
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,...
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,...
Q: 609.749.5(a) (b) a "pattern of stalking conduct" means 2 or more acts within a 5 yr period. Acts ir convictions?
Joseph A. Gangi's answer
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
