Minnesota Questions & Answers by Practice Area
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Minnesota Questions & Answers
Q: In Minnesota,stopped for allegedly going 64 in 50. Can I fight this on my own and win? If I lose how bad is the penalty?
Jonathan Matthew Holson's answer
The issue is not whether you were issued a ticket because of your prior record vs. just getting a warning. The State has to prove that the speed limit was 50 mph and that you were driving faster than that. I don't honestly see driving with the flow of traffic as being a defense. But certainly whether you were clocked vs. another driver is relevant. Be aware that some of the squads have dash cams that are also equipped with GPS so that might show how fast the tropper was driving to catch up...
The issue is not whether you were issued a ticket because of your prior record vs. just getting a warning. The State has to prove that the speed limit was 50 mph and that you were driving faster than that. I don't honestly see driving with the flow of traffic as being a defense. But certainly whether you were clocked vs. another driver is relevant. Be aware that some of the squads have dash cams that are also equipped with GPS so that might show how fast the tropper was driving to catch up...
Q: Shoplifting Misdemeanor
Thomas C Gallagher's answer
I see this question was posted under both criminal law and immigration law. I am a criminal defense lawyer. This question is primarily an immigration law question. Hopefully you'll get an answer from and-or consult an immigration law attorney about it.
As a criminal defense lawyer, I do my best to study and be aware of immigration law issues my clients might face. I regularly represent non-citizen in criminal defense cases. Once a person has been charged with a crime,that becomes a...
I see this question was posted under both criminal law and immigration law. I am a criminal defense lawyer. This question is primarily an immigration law question. Hopefully you'll get an answer from and-or consult an immigration law attorney about it.
As a criminal defense lawyer, I do my best to study and be aware of immigration law issues my clients might face. I regularly represent non-citizen in criminal defense cases. Once a person has been charged with a crime,that becomes a...
Q: I just do self defense without using a weapon. But I’ve accused for assault in the third degree. And i have a witness.
Jonathan Matthew Holson's answer
It depends on what kind of court hearing it is. You are likely fine if it is a fun of the mill hearing, but you may run into trouble if the matter is set for trial. Contact an attorney ASAP to seek help so that he or she knows what is going on.
It depends on what kind of court hearing it is. You are likely fine if it is a fun of the mill hearing, but you may run into trouble if the matter is set for trial. Contact an attorney ASAP to seek help so that he or she knows what is going on.
Q: I received moneys from a will. I signed the check and there was a disclaimer that this was final payment from the estate
Stefan Dunkelgrun's answer
it depends. If you are the named beneficiary of the life insurance policy, the payment should go directly to you, and not through the estate. If the estate is the beneficiary of the life insurance policy, then the estate would receive the payout and distribute it to the appropriate heirs
it depends. If you are the named beneficiary of the life insurance policy, the payment should go directly to you, and not through the estate. If the estate is the beneficiary of the life insurance policy, then the estate would receive the payout and distribute it to the appropriate heirs
Q: If I am 17 and my partner is 14, would it be illegal to date, kiss, makeout, or leave hickies?
Stefan Dunkelgrun's answer
As long as your partner gives full consent, based on the information you provided, it is not illegal.
If the younger person is older than 13 and younger than 16, the older person may not be more than 48 months older.
As long as your partner gives full consent, based on the information you provided, it is not illegal.
If the younger person is older than 13 and younger than 16, the older person may not be more than 48 months older.
Q: If I live in America but born in a different country, and have the green card,would my spouse also have the greencard?
Stefan Dunkelgrun's answer
No, your spouse would not also have a "green card". These are issued to the individual, and your spouse would need to apply for his own "green card".
No, your spouse would not also have a "green card". These are issued to the individual, and your spouse would need to apply for his own "green card".
Q: Inheritance, Gifting
Stefan Dunkelgrun's answer
If the property was sold during the parent's lifetime, then it is not inherited property. If the property is subsequently sold, the proceeds are not considered an inheritance.
Please be aware that there are tax implications related to such a transfer, and you should consult with an attorney prior to making any such transfer.
While an individual is alive, there is no estate. If financial disbursements are made, it is considered a gift. If real estate is purchased in another...
If the property was sold during the parent's lifetime, then it is not inherited property. If the property is subsequently sold, the proceeds are not considered an inheritance.
Please be aware that there are tax implications related to such a transfer, and you should consult with an attorney prior to making any such transfer.
While an individual is alive, there is no estate. If financial disbursements are made, it is considered a gift. If real estate is purchased in another...
Q: Is it legal for people to yell in others' ears? It hurts.
Stefan Dunkelgrun's answer
Yelling can be considered assault, depending on the circumstances. However, if you resort to violence, it will be very difficult to claim self-defense
Yelling can be considered assault, depending on the circumstances. However, if you resort to violence, it will be very difficult to claim self-defense
Q: Does your state of intoxication have anything to do with the severity of your DUI charge? Does the punishment get worse
Jonathan Matthew Holson's answer
Yes. In Minnesota, 0.8 to .15 is typically a misdemeanor offense. If your test is .16 or higher, the charge becomes a gross misdemeanor, even if you do not have prior DWI's/
Yes. In Minnesota, 0.8 to .15 is typically a misdemeanor offense. If your test is .16 or higher, the charge becomes a gross misdemeanor, even if you do not have prior DWI's/
Q: I have a work permit to drive only to and from work, can I ride with my child with a learners permit as licensed driver?
Thomas C Gallagher's answer
You could call a "Driver Evaluator" at the Minnesota Department of Public Safety for a definitive answer. My recollection is that a person driving with a Minnesota learner's permit is legal to drive only with a licensed driver 18 years older or older. Since a person with a "limited license" (work permit) is a licensed driver, the person driving on a learner's permit should be o.k.when driving with a licensed adult. There could be a practical problem since the limited license only allows...
You could call a "Driver Evaluator" at the Minnesota Department of Public Safety for a definitive answer. My recollection is that a person driving with a Minnesota learner's permit is legal to drive only with a licensed driver 18 years older or older. Since a person with a "limited license" (work permit) is a licensed driver, the person driving on a learner's permit should be o.k.when driving with a licensed adult. There could be a practical problem since the limited license only allows...
Q: I didn't report my income to my subsidized townhomes. They got a letter I'm working. Can I get kicked out
Thomas C Gallagher's answer
Not enough information to know, but I've had cases where my client was accused of crimes based on receiving benefits after no longer qualifying based on income.
Not enough information to know, but I've had cases where my client was accused of crimes based on receiving benefits after no longer qualifying based on income.
Q: A search warrant was issued for my home stating that they were looking for "any device that connects to the internet"
2 Answers
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Minnesota
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
Jonathan Matthew Holson's answer
What they can seize is generally dependent on what the search is for. It is unclear what the basis for the search warrant was so it is difficult to answer the question. Can you provide more information?
What they can seize is generally dependent on what the search is for. It is unclear what the basis for the search warrant was so it is difficult to answer the question. Can you provide more information?
Q: Will the father of my child get his modification of parenting time accepted?
D. Patrick McCullough's answer
There are so many other facts an attorney would need to know. I suggest you contact an attorney versed in Family Law to help you.
There are so many other facts an attorney would need to know. I suggest you contact an attorney versed in Family Law to help you.
Q: Form - I-765 EAD Application question.
Hector E. Quiroga's answer
They are asking for arrival information; therefore, you need to put the number from the I-94 on which you last entered the US.
They are asking for arrival information; therefore, you need to put the number from the I-94 on which you last entered the US.
Q: Cops took my 14 yr old dog to a shelter during a search warrant at my house cuz of roommate not me my sister went and
Thomas C Gallagher's answer
The question, as worded, is difficult to understand. You are welcome to give a call to discuss. You should be able to get your dog back, unless there is some problem related to the dog.
The question, as worded, is difficult to understand. You are welcome to give a call to discuss. You should be able to get your dog back, unless there is some problem related to the dog.
Q: I filed chapter 13 about a year ago and have to make about $650 payments a month. My pension was done in 2017. I am 52.
Timothy Denison's answer
You can probably protect it with your exemption. What percentage repayment is your plan?
You can probably protect it with your exemption. What percentage repayment is your plan?
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