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Minnesota Questions & Answers
1 Answer | Asked in Employment Law for Minnesota on
Q: Forced to use vacation time or no pay

While at work we were sent home early because our work system was compromised and we were told we would not be working the following day as well and we would have to either use vacation time or not get paid I was wondering if that is something they are allowed to do or are they suppose to be... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 8, 2020

Under the Fair Labor Standards Act, employers are only required to pay their employees for time worked. While most employers offer some form of paid time off as well, this is not required. In this situation, since you haven't performed any work on these days, the FLSA does not require that you be... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Minnesota on
Q: I’m in the pre-startup phase of forming my company and I’m looking for employees to “hire“.

My question with this is can someone legally “hire” for work under the title employee without ever expecting or receiving compensation from their employer. And can NDA be introduced in those working terms?

Carrie Dyer
Carrie Dyer answered on Apr 8, 2020

If you hire an employee, you will need to comply with the federal and state wage and hour laws with regard to compensating that employee. You should consult an employment law attorney in your area for advice.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: Do you have to be Married to get a lien stripped? My mom and i have a home together.
Timothy Denison
Timothy Denison answered on Apr 7, 2020

No. You do not have to be married.

3 Answers | Asked in Criminal Law for Minnesota on
Q: In mn if a man is arrested for dv but the victim doesnt show will charges be dropped
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

No. The alleged victim will be subpoenaed. She could be arrested if she doesn’t show and there are ways to proceed without her by introducing her statements without her.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I have a ticket dismissed if it has wrong information on tick

I was pulled over this morning driving a big rig with my arm on the arm rest smoking the officer said I had a handheld in my hand. When he finished with my inspection he gave it an the ticket to me. The ticket and inspection had two different truck information on it. And the ticket one was wrong

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

That is not a basis to have the ticket dismissed. Those sorts of errors happen all the time. You should think about challenging the ticket if you were not actually on the phone.

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: What is certificate of representation and parties and affidavit of service by u.s mail?

About domestic violence

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

The certificate of representation is a statement by an attorney that he or she is representing a party in a case. An affidavit of service by mail is a statement under oath that a party was served by mail with a document.

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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: Do the claims under this patent appear to be too abstract to justify validity?

I'm trying to determine if a new invention will pose risk for infringement. The claims under this patent seem very abstract in nature, thus preventing anyone from designing an application that retrieves general fishing related-data from users, processing it and then providing results based on said... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

You really need to contact a patent attorney to help you. The patent attorney should be able to tell you whether your company's product (or service) infringes of that patent or not.

If it looks like that your product infringes on the patent, then you have several options. You could...
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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a no proof of insurance ticket in January of 2019. I had insurance but couldn't find the card at the time.

I did find it after the fact. I faxed the proof to the number on the back if ticket twice just to be sure. I didn't realize I also had to send it to another entity because thre ticket didn't tell me to. Thought I was good and went on my way only to be pulled over 5 months later for driving after... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 3, 2020

It's unclear what exactly you are asking. Each time that you pay a fine on a no proof of insurance or driving after revocation, it is essentially a guilty plea. The revocation time frames on each offense essentially compound and get longer with each plea. I would follow the requirements of the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Inmate in custody during the covid-19, yet, already demanded a speedy trail 3mths ago. what should they do ?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 2, 2020

Continue re-asserting the speedy trial demand. This is something that an attorney can assist with. It’s unclear to me why the trial wouldn’t have already taken place since a speedy trial is typically within 60 days.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I report a robbery if I was there to buy a firearm without a permit

I do not have a permit to purchase a firearm. That said I went to meet with an old acquaintance off of Facebook the other day to look at a handgun for $500 I’m not a felon, but do have a juvenile record, when I was 16 I did 2 yrs in juvie for a robbery.. though part of my plea was that... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 31, 2020

From this description, it appears the main problem is the potential for being charged with conspiracy to commit or attempted possession of a firearm by an ineligible person. That is a felony. And if convicted, it would likely result in several years in prison. As a result, going to the police... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Pulled over for speeding and issued multiple citations. Not sure the officer knew who he was pulling over

Merged onto I-94 only to see troopers in the median. unsure of my speed but know I was moving with the flow of traffic. Trooper claims 20mph, but before pulling me over he was going in and out of traffic switching lanes racing down the road for ~0.5-1 mile. He then decides to move to the left... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 27, 2020

Ultimately, the officer only needs reasonable articulable suspicion to pul you over. There would be a police report and either dash cam footage, body cam footage or both of the traffic stop. It is impossible to know why you were pulled over without accessing that information. You can certainly... Read more »

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1 Answer | Asked in Family Law for Minnesota on
Q: Does custodianship end at age 18 or at graduation date?
Corwin Kruse
Corwin Kruse answered on Mar 26, 2020

I'm not 100% sure what you mean by "custodianship," but child support obligations end when the child has BOTH turned 18 and graduated. If still in secondary school, the obligation can continue until age 20.

1 Answer | Asked in Criminal Law and Car Accidents for Minnesota on
Q: I borrowed my truck to I thought a friend he now claims someone stole it from him police won't help what do I do

I borrowed my truck to a friend been trying to get It back for 4 days and his brother told me my truck was stolen from the person I borrowed it to. He won't talk to me know and police said they can't put it in as stolen since I borrowed it out to start with. What do I do to get it back or get it... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 23, 2020

Consider: 1. Contact civil (not criminal) attorney about filing a lawsuit for the value of the vehicle, and-or its safe return. 2. Notify your car insurance company, about a claim for a loss (before initiating your own lawsuit). 3. Private investigator, asset-skip tracer. Discuss all options with... Read more »

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: My custody agreement states I can request a drug test and I have requested 2 in the last few months and the mother wont

She states to me weather she takes one or not or passes or not it dont matter cause I can't take them because I only have joint legal custody. What can I do? Parenting time is supposed to stop until a clean test is provided but law enforcement can't help they say because she is custodial

Corwin Kruse
Corwin Kruse answered on Mar 23, 2020

Does the custody agreement include an order for parenting time? If not, what is the purpose of the drug-test provision? Does the agreement set forth penalties for failing to pass a test (in general, failure to take a test is treated the same as failing to pass)?

1 Answer | Asked in Family Law for Minnesota on
Q: My ex signed a recognition of parentage for my twins and I believe he is not the father how can I get genetic testing

We are going to court for child support for them how to I go forth with genetic testing to see who their father is?

Corwin Kruse
Corwin Kruse answered on Mar 23, 2020

Generally, you can ask the court to order testing for the person you believe to be the father and, if necessary, your ex.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If a ofp in minnesota is granted to one party but the judge agrees to rehear it is the order vacated from 1st hearing

So my ex wife and I both filed at the same time a ofp I was originally present we adjourned I didnt make it back for court to reconvene so per state law mine was dismissed and my exs was granted I filed a motion to have it rehearse and I refiled my original ofp the chief judge granted to hear my... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 23, 2020

The motion that you filed to rehear your request for an OFP would not address the issuance of her OFP against you. So to my knowledge, the OFP from the first hearing should still be in place. In any event, you would receive written notice if the original OFP was vacated or dismissed.

2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: Is the cease and desist order I was sent an actual legal document, and is it a baseless claim or not?

I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel, which is... Read more »

Jason Brooks
Jason Brooks answered on Mar 22, 2020

She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.

For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs...
Read more »

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2 Answers | Asked in Family Law and Admiralty / Maritime for Minnesota on
Q: can i get married at 18 outside of minesota if i live in minnesota ??
Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

Unless something was inadvertently left off in uploading, there wasn't an admiralty/maritime element here. If there was a maritime element, you could repost and include it. Good luck

Tim Akpinar

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1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I pled down to a disordly conduct under the statue 609.72.1. Can I still buy a gun? If not can I get my rights restore

It was originally a Domestic Assault-Misdemeanor-Intentionally Inflicts/Attempts to Inflict Bodily Harm though was dismissed and then pled down to what I previously said in the beginning. I only admitted to Yelling at the victim in court which was part of the plea deal. Does it bar me from owning a... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 20, 2020

A person with a 609.72, subd. 1 (3) conviction does not lose their civil rights to firearms in Minnesota. If there is a problem, check the court's records directly to verify that the conviction is for Minnesota Statutes Sec. 609.72, subd. 1 (3) - exactly. If the court conviction record shows only... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: My boyfriend and I want to get married. He’s here on a student visa. Will there be a waiting period? Will it be hard?

Can we even get married? I don’t know much about immigration and stuff and he doesn’t really know the rules either.

Stephen Arnold Black
Stephen Arnold Black answered on Mar 18, 2020

Every case is different. Have a free phone consultation with an attorney who can explain everything to you. Counsel anywhere in the USA can represent you.

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