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Minnesota Questions & Answers
1 Answer | Asked in Criminal Law and Legal Malpractice for Minnesota on
Q: Am I able to test evidence used against me in a drug case ?

I'm fighting a case for 5th degree, I requested a speedy trial, day of speedy trial, DA amended charges to a 3rd degree, which my p.d. request that we withdrawn speedy request so we would be able to have the evidence (drugs) tested due to DA amending the charge at last minute. So we... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 21, 2025

It should be possible to get a lab to retest a substance the state claims to be illegal drugs, either at the same lab or a different one. The Defendant might be required to pay for that, unless a judge were to order otherwise. Retesting would take time to complete, either way. The defense... View More

2 Answers | Asked in Personal Injury for Minnesota on
Q: Injury question. I let my sister drive my pontoon. I was with her. She plowed into our dock and totaled out the pontoon,

I have ongoing medical issues that Medicare and BCBS paid for but we are out over $100k for replacement of pontoon lift dock and tarp. Is her insurance liable. I live in MN.

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2025

Addendum: You could consider reposting with the added category "Admiralty/Maritime." In giving further thought to your post, it isn't clear if you're on Lake Superior or a non-navigable inland waterway, such as a landlocked lake. The Great Lakes are "navigable waters"... View More

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2 Answers | Asked in Personal Injury for Minnesota on
Q: Injury question. I let my sister drive my pontoon. I was with her. She plowed into our dock and totaled out the pontoon,

I have ongoing medical issues that Medicare and BCBS paid for but we are out over $100k for replacement of pontoon lift dock and tarp. Is her insurance liable. I live in MN.

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2025

A Minnesota attorney could advise best, but your question remains open for a week. I'm sorry about your accident and the ensuing medical issues. From your post, it isn't clear how your sister's insurance would cover your pontoon boat accident. If you have a standard marine insurance... View More

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1 Answer | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: Can a girl that was 15 and experienced 1st degree sexual assault x’s in 2008 by a man in his 40’s still file charges

This man also harassed her when she married and moved to California in the years following up to 2014. The initial occasions of assaults at age 15/16 definitely qualify for 1st degree… I understand this would depend on the police and prosecutor but she doesn’t want to put herself through the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 14, 2025

Individuals don't "file" charges. The decision to charge comes from the prosecuting attorney in the county where the offense occurred. The allegations can be reported to law enforcement. The allegations would be investigated and a determination would be made by the prosecuting... View More

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: My spouse had vericose vein surgery recently and has experienced infection, nerve damage and economic loss.

The performing doctor did not provide a safe working environment (the procedure room was 57 degrees), and ignored the radiologists results from my spouse's visit to the emergency room. It is additionally suspicous that he grossly overused iodone during the procedure, causing a bladder infection.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2025

A Minnesota attorney could advise best, but your question remains open for a week. Your post didn't include a question, but it's clear that you are probably wondering about your spouse's rights. Your spouse could arrange a consult with Minnesota law firms to discuss in further... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I am doing contract for deed. I turns out the seller has not paid the mortgage payments is there anything we can do?

A guy came to the door and dropped off papers not in any envelope or needing any signatures. Asking us to deliver to the sellers of the house stating it’s in foreclosure and being put up at auction

Anthony M. Avery
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answered on Jan 9, 2025

You might start looking for another place to live. It will take awhile for the lender to foreclose and then the new owner will sue you for possession. You could sue your landlord for breach of contract, that is him putting you in exclusive possession. But all your paid in rents are gone,... View More

3 Answers | Asked in Immigration Law for Minnesota on
Q: Can I legally re enter US if I have a valid Stamped Visa from my previous employer. I’m on H1B

I am an employee of company X on H1B, having joined the company in July 2024. Due to a family emergency, I need to travel to India as my father is critically ill and requires urgent attention.

I currently have a valid visa stamped until March 2026 from my previous employment Y

Could... View More

John Akwuba
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answered on Jan 6, 2025

Re-entering the U.S. on an H1B visa with a valid stamp tied to a previous employer is legally possible under certain conditions, but there are critical factors to consider:

Key Points:

Valid H1B Status with New Employer:

You must have an approved H1B transfer or petition...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
Q: If I have a an HRO against me, is it a violation to have the other party served court paperwork by mail in Minnesota?

My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 31, 2024

Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More

2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: If I got a dui while on probation and entered treatment before I could Tell my probation officer will I still go to jail

Misdemeanor probation for disorderly conduct. And I’m trying to contact probation officer but she is on vacation. I seeked treatment immediately after I was released from jail

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 21, 2025

Picking up a new criminal charge of DWI while on probation for misdemeanor Disorderly Conduct could be a violation of conditions of the stayed sentence. But entering and completing chemical health treatment would be viewed as a mitigating factor. Keeping to Probation Officer informed is a good... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Does Intoxalock report to my po? I’m in mn and got a dui last year, on low risk. I blew twice but had taken DayQuil

Two test said I failed I called Intoxalock and they said I was fine. But at my last calibration I got a lockout work order for inspection? I’m just scared and not to do that again. Please help.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 26, 2024

Probation would only be notified if you signed a release of information allowing Intoxalock to provide information to probation. You should make sure to read the entirety of the handbook that Intoxalock provides regarding what substances will cause a failure. It is unlikely that probation will... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor amend a charge on the day of your speedy trial start date?

I have been fighting a 5th degree, DA amended charge to a 3rd degree the day of my jury selection for my speedy trial. Can they do that? The DA knew the weight from jump.(10.447g) and even told my p.d. that "she's lucky I'm only charging her with a 5th degree not a 3rd degree".... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2024

Under the Minnesota Rules of Criminal Procedure, the state may add new charges to a complaint if the case is in pretrial proceedings. Minn. R. Crim. P. 3.04, subd. 2. The state may also amend a complaint "at any time before verdict or finding if no additional or different offense is charged... View More

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1 Answer | Asked in Personal Injury for Minnesota on
Q: I fell into an unmarked 6-ish inch deep hole on the public sidewalk while carrying groceries. Tripped and fell.

I was carrying groceries from my car on the street, up to apartment and stepped into an unmarked hole in the sidewalk that would have normally housed a tree. I scraped up my knees pretty horribly and received a small puncture from the edge of the grate which covered the part of the hole where the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 20, 2024

A Minnesota attorney could advise best, but your question remains open for a week. I'm sorry for your accident and your ordeal with the injuries. Your courage is admirable, but there's nothing wrong with seeing a doctor, simply as a means to make sure that you're okay internally and... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I hurt my girlfriend and she tried to run me over there is no evidence of me doing anything but there is of her

Can she get in trouble or is it self defense I hurt her emotionally I didn't get physical and she tried to run me over

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 19, 2024

If someone alleges an assault, either to police or in family court for example, that could qualify as "trouble" for the person accused. If facing a criminal assault charge in court, the defendant can raise the defense of self-defense, if he or she has some evidence to support that... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I have a misdemeanor dismissed of incorrect license for the state I live in if I correct it immediately?

I admitted to living in MN for a year and a half while having a ND drivers license. I was given a citation and misdemeanor. Can that be dismissed if I get a MN drivers license immediately?

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 19, 2024

Some prosecutors will offer the defendant a chance to avoid a smaller license related conviction on their records, if they chow up in court with the issue with their license recticitfied, plus payment of "court costs." No guarantees, but you can ask. Since the issue will need to be... View More

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: About legality of my divorce?

When I signed my divorce papers I was a vulnerable adult. Is that legal and do I have a certain amount of time to nullify it?

Robert Kane
Robert Kane
answered on Dec 17, 2024

An attempt to re-open a dissolution of marriage case most likely has to be done within one year. You don't state what your objective is. Do you want to remain married or want an opportunity to begin the process anew? It will certainly be challenging, time consuming and expensive.

Rob...
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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Informal probate

The lawyer changed the will after the fact that my aunt‘s boyfriend had died he changed it saying that my aunt only had a life estate which wasn’t true so now the family ran me out of the house and is receiving my mail and changing the beneficiary documents or changing the names on certain... View More

Robert Kane
Robert Kane
answered on Dec 13, 2024

If you object to the probate of the Will or appointment of the personal representative in an informal probate case, you must file a petition stating your objection with the court. A hearing will be scheduled regarding your objection, and you will be required to give notice of the hearing to the... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the courts go back and change time to serve after 2 years without any violations from the offender in MN.

Was charged with 5th degree possession of a controlled substance in 2022 the sentence details state I was given 30 days in jail which was stayed and a stay of imposition, fast forward to 2024, have had zero violations the case was up for review and now the county attorney is trying to say a year... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 11, 2024

The stay of imposition meant that if you successfully completed probation, that the matter would've become a misdemeanor. However, if you violated probation, the stay of imposition could be vacated and there would be a stayed sentence of one year and one day on a lower level felony like a... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: does a search warrant have to state if the victims can be present during the search warrant to a home?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 9, 2024

The right of the search warrant authorizes law enforcement to be in the location to search and seize items of evidentiary value. I don't know that there would need to be a specific authorization for additional people present, for example the alleged victim, if they have the alleged victim... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My public defender lied to me about my sentence what can I do and how can I file a compliant or report him in MN

Last week I was sentenced, but my public defender failed to tell me all of the details of my sentence. He told me that I would be on probation until I complete 40 hours of community service. After he explained this to me I repeated it back to him for confirmation that I understood it correctly.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 19, 2024

People are often discharged from probation early once they have completed the terms and conditions of their probation. I can't say for Ramsey County, but in many counties you would be transferred to unsupervised probation or discharged early after you have completed your community service and... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: I'm being accused of arson. I was signed in at a county library and my public defender said they weren't about to verify

Im being accused of arson. the exact time this allegedly occurred (which mind you-building is still there) I was signed in @ a county library & logged in on one of their computers. Directly before & after library I was @ adjacent building the county community action building meeting w/ a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 14, 2024

Arson doesn’t require that you entirely burn down a building. Arson is intentionally setting the building on fire. Whether it burns down or not is immaterial.

The cops aren’t generally going to track down and verify every alleged alibi that a suspect tells them about. I’m not sure...
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