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Minnesota Questions & Answers
1 Answer | Asked in Criminal Law for Minnesota on
Q: Can someone be asked to take a ua the first court date on a 5th degree posession charge if they weren't arrested for it

If someone receives a summons by mail instead of being arrested for a 5th degree drug charge, could the court order a manditory ua on the first court appearence? Also, would they impose a bail amount as a condition of release if no arrest was made?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 15, 2019

Yes. But in Minnesota we have a Constitutional right to pretrial release without conditions other than money bail. Most judges today will set both a "conditional bail" and an "unconditional bail" amount. Some forget to set the unconditional bail, but will upon request. Your defense attorney... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: can I sue someone in another state?

I gave someone money to buy a car but the person cannot show a proof that they bought the car in my name.

Thomas C Gallagher
Thomas C Gallagher answered on Oct 14, 2019

That is not a criminal law question. A civil lawsuit is not a criminal case.

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1 Answer | Asked in Estate Planning for Minnesota on
Q: My wife is not fit to make financial decisions. Does she also need a durable financial power of attorney and a will?

We have very little money and possessions. If I die first, I want her to have the benefit of any finances remaining. I will soon be assigning an executer and durable power of attorney and just want her to be taken care of.

Nina Whitehurst
Nina Whitehurst answered on Oct 13, 2019

To complies your goal of leaving everything to your wife, a wil gets the job done but if she is not good with handling her finances trust is far superior because it avoids probate and her inheritance could remain in trust under professional management.

If you are concerned about her...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Do I legally have to provide proof of my work schedule for scheduling a mediation

I'm representing myself. We were given dates to choose from, they picked next week because it fit around her work schedule, I declined due to my work schedule and her lawyer then emailed me requesting my work name address and phone number to prove my work schedule.

Corwin Kruse
Corwin Kruse answered on Oct 11, 2019

The lawyer can request, but you do not have to provide. That said, unless it would impact your work relationship or jeopardize your job, it may be simplest to give the information. At minimum, you should provide alternative times that WILL work for you for mediation.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: So my friend is from out of state and she got a citation, however, the officer never told her what she owed nor did the

Citation paper. In her home state the officers have to tell you what you owe upon receiving the citation. So my question would be is it the same for us here in Minnesota.

Thomas C Gallagher
Thomas C Gallagher answered on Oct 10, 2019

No. In Minnesota a police officer giving a traffic citation to a driver is not required to tell the driver the amount of the fine; nor is the citation required to state that amount. However, the driver can learn that information online on the court's website or by calling or visiting the court.... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My Child is 18, did not graduate. Is working full time. And won't be going back to school until the next semester.

18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?

Corwin Kruse
Corwin Kruse answered on Oct 10, 2019

Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should terminate. The... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Accused of theft

On September 22nd I was accused of stealing a wallet at a bar. The sheriff came to my door, showed me a picture from the security camera asked if it was me. I said no, it clearly was not me. She then left. She came back to my house 4 times after that, twice a day for two days. I was at work but saw... Read more »

Luke Neuville
Luke Neuville answered on Oct 5, 2019

Well, you're presumed innocent until proven guilty. You have the ability to challenge the admissibility of evidence, and you can also challenge whether or not there's probable cause for your case to continue. You'll also want to conduct an investigation, and try to convince the prosecutor to... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you explain this in basketball terms? Obstruct Legal Process-Lawful Execution Legal Process
Gary Kollin
Gary Kollin answered on Oct 3, 2019

That is one of the funniest requests I received

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1 Answer | Asked in Bankruptcy for Minnesota on
Q: I recently filed for Chapter 7 Bankrupty. Can I get married before it is discharged without effect to the outcome?

And if it does have an effect, will it harm my significant others credit or will my future spouses assets (car, home, etc) be brought into play?

Timothy Denison
Timothy Denison answered on Oct 1, 2019

Yes. You can get married without effect.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What does Case type Crim/Traf Non-Mand mean on a traffic ticket.

A traffic ticket mailed in has this case type. The mailed portion does not have Endangering life or property checked. The fine itself is less than $200. Is this Misdemeanor charge more serious than speeding traffic ticket?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 1, 2019

That means that the offense is a petty misdemeanor. It only carries a fine and not potential jail time. You do not have to appear in court. You can handle this administratively. But be aware that paying the fine is the equivalent of pleading guilty to the charge.

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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Minnesota on
Q: What can I do for being put on probation for 5 years for absolutely nothing and. Having my criminal history changed ?

I took the case to trial and was scheduled to get off probation in 2034. I got off probation in 2011 but about a month ago I checked and it says in now being monitored till 2039

Gary Kollin
Gary Kollin answered on Oct 1, 2019

Sounds like you to pled to the charge. If you believed there was absolutely nothing, why would you take a plea instead of going to trial?

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Should I hire an attorney for a Traffic misdemeanor citation received for not Yielding to pedestrian

The citation was given after the police officer called me.

She said I didn't drove past a pedestrian and I thought I drove past after the pedestrian had crossed the road.

She also said she had other witnesses. How should I proceed?

The charges are stated as

with... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 1, 2019

Hiring an attorney certainly minimizes the consequences that you might face. But you have to weigh the costs of hiring an attorney vs. what it would cost to simply pay the fine.

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1 Answer | Asked in Juvenile Law for Minnesota on
Q: Signed my brother out of juvenile court if he gets in trouble am i legally responsible for him?

If he gets in trouble what happens to me? Am I legally responsible for him now and if so is he suppose to be in my custody? They just had me sign him out and never explained anything to me

Thomas C Gallagher
Thomas C Gallagher answered on Sep 29, 2019

You are responsible for your actions. As long as you are not part of a plan to commit a crime, and avoid committing a crime with another, there is little more you can do to avoid trouble.

1 Answer | Asked in Federal Crimes, Personal Injury and Criminal Law for Minnesota on
Q: Need lawyer to do paper work for federal tort claim against bca and a agent have all evidence paper work .. there admit

They arrest me sat in jail month bailed out trial began then they stoped. Bca brought to courts attn they made error in there records I had fulfilled my duty as of 9_17 arrested 5_18 for supposed crime ..now there saying they wanna expungement court under Judical inherent authority..for me...... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 29, 2019

It is unclear what your "federal tort" claim might be. Contact civil rights attorneys directly about this issue.

1 Answer | Asked in Criminal Law for Minnesota on
Q: When inmate Class D non violent crime should he file 75% or 85% time served to see if he's eligible for release
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 29, 2019

Credit for good time in Minnesota is 1/3. No sure about the reference to 85% or 75%.

1 Answer | Asked in Estate Planning for Minnesota on
Q: I am a personal representative for my mother's estate and have a question on dividing it up.

I have three other siblings whom three of us had borrowed money in the past. I borrowed $6,000 in 1983 and paid it back nine months later. I have a sister that borrowed $5,000 in 1975 and never paid it back. This is noted in the will.

Can I charge her interest on the amount or at least... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 26, 2019

This question really cannot be answered without reviewing the precise language in the will and the promissory note evidencing the $5,000 loan. The question about whether the loan bears interest is actually a little more complicated than you think. It gets even more complicated if there is no note... Read more »

3 Answers | Asked in Criminal Law for Minnesota on
Q: I was living in SC and was buying a car from my sister and I moved back to MN and she reported the car stolen, so I was

picked up and charged and did all my courts in MN. But there is still a warrant for my arrest in SC even though I was convicted for it in MN. How do I fix it?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2019

It is unclear from your question why the warrant was issued in South Carolina. More information is needed on how to best address both the warrant in South Carolina as well as the charge(s) in South Carolina.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Does any citation to court requeires for a lawyer support?

This question is linked to the "passing by school bus infraction" one. I know that at any court I can get a lawyer. But, for what I understand by your previous answer, that this infraction is not simple a "payable offense", Should we hire the service of a lawyer to go to court? Our guess was simple... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2019

Paying the ticket is an admission of guilt. There may be able way to keep this off of your record, but blindly going to court and pleading guilty is not one of them. Speak directly with an attorney regarding this matter. There are ways to keep if off of your record.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Why someone is asked to appear at court by passing a school bus when the stop arm was out instead of getting a ticket?

A police officer visited this person, who committed the infraction, to simple take a declaration. But instead of giving him/her a ticket he told him/her that he/she will receive a court citation. This happend a year ago. But the notification arrived few days ago. Is this the usual way to treat this... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 25, 2019

Minnesota: Normally a court appearance is required for a misdemeanor or gross misdemeanor criminal charge. A traffic citation is a summons to court, unless the charge is a petty misdemeanor or "payable offense." The person named in the charge should go to court to try to prevent a conviction.

2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: what is control? and what is dominion? of a fire arm. can I as a felon go hunting with my son?

can a convicted felon be in a vehicle with another non-felon on a hunting excursion? this would include hunting fire arms. can a convicted felon have a dependent in possession of fire arms, or a can said dependent have a concealed carry permit fire arm? would I as a felon be able to go hunting with... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 24, 2019

I discuss this issue extensively on my Liberty-Lawyer.com at https://liberty-lawyer.com/practice-areas/gun-defense-attorney/firearm-possession/ The concern is being accused of a crime as an ineligible person in possession, which carries long mandatory-minimum prison sentences, both state and... Read more »

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