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Minnesota Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Thomas C Gallagher
Thomas C Gallagher answered on Jan 26, 2022

If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: What is the process for getting an order of protection extended when it expires? Do I have to go back to court?

I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2022

There is a form you can fill out to request an extension. I don’t know if he was charged and convicted for violating the OFP, but that alone would be enough to get the OFP extended.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Is there any kind of defense for someone getting a dui while fleeing from a domestic assault?

Left home In vehicle to get away from being beat up by partner..then partner called 911 to have police pull her over for drinking and driving. There was a roommate witness.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 21, 2022

You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.

1 Answer | Asked in Criminal Law for Minnesota on
Q: While I was parked i overdosed someone called police year later I'm charged with DUI can they do that with od law?
Thomas C Gallagher
Thomas C Gallagher answered on Jan 20, 2022

If something like that happened in Los Angeles, California, you should pose the question to a criminal lawyer in California. This is a Minnesota Q & A page. In Minnesota, the state can charge DUI - drugs if there is evidence to support the charge, for example a blood test.

1 Answer | Asked in Family Law for Minnesota on
Q: My Father passed away years ago and left his assets to my 3 male siblings and his his new wife's 4 children. Total 8 kid

Can't get complete question in on prior page. Per father's Will all assets went to his surviving wife. His wife passed away and she has new will where all assets go to here 4 children, all sons on father's Will were removed. In short instead of assets being split between 8, now all... Read more »

Corwin Kruse
Corwin Kruse answered on Jan 13, 2022

Yes. Only a spouse has a statutory right to inheritance.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Would a Court appointed attorney help a non resident of Minnesota with a speeding ticket of 100 mph? No alcohol involved

Winona County.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 12, 2022

The issue is not the residency. The issue is whether the ticket is charged as a misdemeanor or a petty misdemeanor. A petty misdemeanor does not carry the possibility of jail time and consequently you would not be entitled to court appointed counsel. But you would if the charge is filed as a... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have an attorney representing me on a cri, which I pleaded innocent to, whom to date, after 4.5 years refuses to give

details to the county attorney. Always communicates with me last minute. Has no mailing address just a Google account. He closed his office for a different job. Do I need a different attorney, and how do I do that now?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2022

You can always switch attorneys if you are unhappy with your representation. You would either need to hire a new attorney or you could discharge your current attorney and apply for a public defender if you qualify. You should reach out to attorneys directly if you believe that you might be hiring... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Do you have to provide ID when being trespassed from a bar in minnesota?

I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2022

You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Traffic question!

If I am in the left turn lane, with my left blinker on, and 30 feet before the crosswalk while moving forward I blinker right and get back into the lane that goes straight through the intersection, is that against any traffic laws? No other vehicles were around at the time and I was pulled over for... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 3, 2022

The police need reasonable articulable suspicion to pull someone over. There isn’t necessarily anything illegal about what you did, but other factors might’ve played a part in why you were pulled over. Speak with attorney directly about your situation for more specific answers about your situation.

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1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Hello, is it possible to file a motion to have a DANCO removed before his court date?

I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 3, 2022

Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under... Read more »

1 Answer | Asked in Copyright for Minnesota on
Q: What does "that the material was removed as a result of mistake or misidentification of the material to be removed" mean

I am currently drafting a counter-response to a copyright infringement notice about a torrented file and must write "Your statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 3, 2022

You should consult with an attorney.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Minnesota on
Q: Desperately seeking Criminal Appeals attorney for my fiance incarcerated, due to mental health I need him to care4me

Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 1, 2022

Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speeding ticket for 70 in a 60 in MN. Clean record for previous 5.5 years. Can I get a continuance for dismissal?

I haven’t had a speeding ticket in 5.5 years. I don’t mind paying the fine, I would like to avoid the insurance hike. Is it possible to get a continuance for dismissal based on my driving record or will previous tickets remove that option altogether? Ticket was issued in Steele County, MN.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 27, 2021

The bigger issue for you is the county where the citation was issued. Not all counties give continuances for dismissal during the negotiation process. They are far harder to come by the further from the metro that you get. Steele County may not offer continuances for dismissal as a matter of... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: What would happen to a felon on probation who shot himself in the foot but told the police someone else shot him

In the state of Minnesota

Thomas C Gallagher
Thomas C Gallagher answered on Dec 25, 2021

What did happen? If it has not happened, yet - then avoid that trouble. A felon on probation cannot lawfully possess a pistol or modern sporting rifle. And conditions of probation may prohibit possession of any firearms (read the sentencing order). The first would be a new charge of... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the police enter my home without permission to arrest me for a felony warrant for another state

I'm on probation for wi,ia,and min. I live in mn and found out t hff at ia has a warrant for my arrest with a $5000 cash only bail. I'm a ft student and start my next semester of college next month on the 10th and have to complete the first week of class to get my student loan which I... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Dec 23, 2021

Yes, police can execute an arrest warrant by coming into a home with no other legal authority than the warrant, if they have reason to believe the fugitive is located within. They don't necessarily need to see the fugitive; nor do they need any permission beyond the warrant.

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can the police in minnesota enter my home without permission to serve a felony arrest warrant from another state
Thomas C Gallagher
Thomas C Gallagher answered on Dec 23, 2021

That would depend upon whether they had reason to believe that the fugitive named in the arrest warrant was in the home. The Minnesota arrest warrant would be based upon the out-of-state warrant.

2 Answers | Asked in Immigration Law for Minnesota on
Q: I am 17 and have a 10 year green card. My stepmother who is my sponsor is threatening to file I-407 and have it revoked

Can she do this without my permission

Samuil Buschkin
Samuil Buschkin answered on Dec 22, 2021

It would make all the difference if she waited until you turned 18. Case law is pretty clear and consistent on this. before 18, her abandonment of LPR status would be imputed to you.

You should still consult a lawyer. All these analyses are very fact driven.

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1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: What is the remedy for the court of appeals failing to make a decision within the 90 day timeframe?

I appealed the denial of a motion to suppress in my criminal case. The briefs were filed and the case submitted to appeals on September 21. I read the decision must be made in 90 days. What happens when they don't?

Charles William Michaels
Charles William Michaels answered on Dec 22, 2021

Nothing. The decision will be issued in due course.

1 Answer | Asked in Federal Crimes and Criminal Law for Minnesota on
Q: Can I be charged with a felony possession over in Germany without a trial for coming up dirty on a drug test in the mil

Back in 02 I came up positive on a drug test.. I was brought in to Cid headquarters and they said that I was gonna have a felony on my record... then they kicked me out... but I think it was a cover for something they thought I did but couldn't prove

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 20, 2021

This question needs to be asked in a military law forum or in a Germany criminal law forum. Minnesota law would not apply to this situation.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Hi...My son is 23 and has 2 felonies on his record. He recently was arrested for 5th degree drug possession.

Judge said that he recommends a lawyer present. He has a full-time job which he doesn't qualify for public attorney? Can we apply for public attorney? And what is he realistically looking at for the 5th degree issue,?

Thomas C Gallagher
Thomas C Gallagher answered on Dec 18, 2021

Of course he can apply for Public Defender representation. Most people with a full time job will not qualify, based on net income. But I believe some do, i.e. a minimum wage job holder who is paying high child support on five kids. It can't hurt to apply. A conviction for any felony drug... Read more »

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