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Minnesota Questions & Answers
2 Answers | Asked in Domestic Violence for Minnesota on
Q: What if my lawyer failed to submit my defense evidence and now the court will not accept my self defense plea.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 27, 2022

That would arguably be ineffective assistance of counsel. But you should speak with an attorney directly about this issue to figure out next steps.

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1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m been charged with a felony assault charge; and the prosecution is considering reducing charges.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 23, 2022

There isn't a question here. Call an attorney directly to have a discussion about what issues you are dealing with.

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Public Benefits for Minnesota on
Q: Is there a lawyer willing to help me sue a hotel after I was violently robbed and beaten

I had no phone in my hotel room to call 911 and the doors were broken and hotel was really understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You probably have a decent case. Your case would be stronger if you did not know the attackers. When did this happen? There is a statute of limitations that applies to these types of cases.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I am to receive a citation I should by law have to sign the citation I was never asked to sign any citation
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2022

No. You are never asked, nor required , to sign a citation in Minnesota.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I am to receive a citation I should by law have to sign the citation I was never asked to sign any citation
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 19, 2022

Long ago in Minnesota, police could ask a driver to sign an acknowledgment that they received a copy of a traffic citation. But even then if the driver did not or refused to sign to acknowledge receipt, it made no difference. Today, Minnesota's uniform citation for traffic violations does... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was stopped for driving on suspended license I was not given a copy of said citation or I never signed said citation

Or asked to sign said citation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2022

You are not required to sign the citation in Minnesota so that is neither here nor there. I would imagine that you are going to be mailed a copy of the citation so you should be looking for that in the mail.

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1 Answer | Asked in Criminal Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Minnesota on
Q: Can I sue the hotel after a violent robbery

No phone in my room to call 911 and hotel was understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 19, 2022

Yes.

2 Answers | Asked in Criminal Law, Traffic Tickets and Municipal Law for Minnesota on
Q: I was stopped arrested in my affidavit says a citation was issued I was not given a copy of said citation

Or given opportunity to sign the citation

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 18, 2022

I'm a bit unsure about the question, since some of the terminology used in it may be different than as used by attorneys. A traffic stop alone is not an "arrest." When a driver is issued a citation by a police officer, that is done instead of an arrest, normally. In any event, you... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Who is the person that writes the criminal complaint and where did the information cone from

And what if the person that complaint is about disagrees with it then what?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 16, 2022

A prosecutor typically writes the criminal complaint and the information is generated from the police report. If the subject of the complaint disagrees and is charged with a crime, the defendant can file a probable cause challenge or set the matter for trial.

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1 Answer | Asked in Collections for Minnesota on
Q: I had a conference call today with the courts for a cilvil matter. The plaintiff did not show up for the call.

I am curious as to what happens now.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 13, 2022

It depends. First, this was not a conference call. A conference call is between clients and vendors, partners, etc. This was a court hearing of some kind. It may have been a motion hearing, a status conference, a case management conference, a final hearing, etc. (details matter)

Second, you...
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1 Answer | Asked in Uncategorized for Minnesota on
Q: Hey, I’m curious as to the legality of say a tow truck coming to tow my car as it is a 4 wheel drive

Also, I live in a trailer park which office is closed until Tuesday. I just moved in and the neighbor said to me I’ll be sure it gets towed

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2022

If your question is whether it's legal to tow a four wheel drive vehicle: yes.

2 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: I was being wrongfully accused of trying to kidnap a baby. I spit at a girl and she punched me. Only I’m being charged?

I was knocked down into a wooden barrel and the ambulance had to come. This was at a wedding. The mother of the groom came over and threw her glass of wine on me as I lay there defenseless. I understand that I instigated it by spitting at the girl but she was screaming and telling people that I was... Read more »

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2022

Although you could potentially ask that they file charges against her, what you're really doing is making a report to an officer regarding potential criminal behavior and the prosecutor is left with discretion to charge a crime or not. The issue, of course, is that prosecutors oftentimes will... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I have an idea for a product and has spoken to certain people companies I don't have a patent what can I do to protect m
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2022

Your question remains open for two weeks. You could try reposting under the category "Patents (Intellectual Property)." There's no guarantee that all questions are picked up, but you would have better chances of a response there. Product liability is more about injuries from... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Theft

I have recently found out that Target may not come after you for one theft but wait until you've taken enough for it to be a felony. If I am concerned about this, what can I do? Obviously, I will no longer take anything from Target, but what else can I do? Stay away from Target and hope and... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2022

I've said that one big reason to avoid shoplifting is that a thief can get way with it *most* of the time. And that guarantees that they will eventually get caught, get prosecuted. And this is because getting away with it once increases the likelihood the person will do it again - and so on.... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Is taking my dad hand off of me called assault

He is very proud of the fact that he can push me

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2022

Under Minnesota's criminal statutes, assault is defined as: "(1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another." Whether a criminal assault happened would... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I hit a staff but she was very rude and deserved it is this rude to assault her

She broke into my room door out of self defense I pushed her

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2022

Though viewing a person as deserving of an assault is not a legal defense to a criminal assault charge, evidence that fits Minnesota's requirements for self-defense would provide a defense. If charged with a crime, discuss with your defense attorney.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: If you are a victim in a domestic abuse case what will happen if you refuse to testify in court
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 25, 2022

A subpoena is a court order which requires you to appear for testimony. A warrant could be issued if you fail to appear in court if subpoenaed. You could be held in contempt if you show up and refuse to testify. You should consult with an attorney if either of these is a possibility.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the state of mn, violate the terms of an original criminal sentence without an amended criminal sentence,longer time
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 23, 2022

You continue to ask the same question using different phrasing over and over. These are fact specific questions and there isn't enough detail here to intelligently answer the question. Reach out directly to a criminal defense attorney about these issues. Most of us provide free... Read more »

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