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Minnesota Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Minnesota on
Q: Is it possible to have a judge dismiss an ofp as evidence in a child custody case.

Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.

To my understanding everything she said in the ofp... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 19, 2021

The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get help with getting my car released from police homicide hold?

I m looking for help. My car was taken by the police early September it is still on a hold according to defective it is on a homicide hold. That is all the information I was given. Im wondering if there is anything you all can suggest in hope that my car can be released

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 17, 2021

All you can really do is keep reaching out to see when the vehicle might be released. It all depends on if they’ve completed investigating the contents of the vehicle.

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Minnesota on
Q: How much is seen by insurances on speeding ticket? For example, are officer comments seen/looked at?

A few months back I was pulled over for speeding. The officer asked if I had been drinking and I told him that I had a few drinks earlier in the night. I performed some Field Sobriety Tests and was asked to use a breathalyzer. The breathalyzer showed a blood alcohol content of .079. Being that the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 17, 2021

The ticket is public information and the insurance company can certainly access it if they want to. The bigger question is whether the company will seek it out.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have 3 warrants which are misdemeanor, late child support, failure to appear and unsupervised probation violation

What am I looking at for time is there going to be bail? And allegedly cops have stopped old residence for my warrants and also said I'm looking at being charged with other charges due to my purse and cell phone being found miles from area where a person fled from state patrol in stolen... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 15, 2021

Once your attorney has the criminal Complaint(s) and Sentencing Order(s), they will be able to tell what the maximum and more likely amount of jail time is possible. The court would likely set bail on the new charges within a day or two (excluding weekends). But on the probation violation, it... Read more »

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1 Answer | Asked in Family Law for Minnesota on
Q: Is there a form that will give representation for a disabled spouse?
Corwin Kruse
Corwin Kruse answered on Oct 15, 2021

I’m not sure what you mean be representation, but a power of attorney form will allow a person to grant decision-making power to another.

2 Answers | Asked in Criminal Law for Minnesota on
Q: if i have a trial and it includes no lawyers, could i motion for a lawyer?

i have a trial coming up and was stated no lawyers, could i motion for one?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 6, 2021

What kind of case is it? You're always entitled to have an attorney, but not necessarily one for free.

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1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I work for a temp agency. Got fired because of attendance but I just had a heart attack. Is there anything I can do?
Carrie Dyer
Carrie Dyer answered on Oct 6, 2021

More information is needed to answer your question. In some cases, the Family Medical Leave Act and/or the Americans with Disabilities Act, as well as state laws, can provide you with job protection for missing work due to a serious medical issue. You should contact an employment law attorney in... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: If the minimum sentencefora case is 5 years does that mean that you must do 5 years in jail or could the judgeorderles

For instance could it be 1 year in jail and 4 years house arrest

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 3, 2021

It depends on the charge and if it is an actual “mandatory” minimum. You should consult directly with a criminal defense attorney about the specifics of your situation.

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1 Answer | Asked in Family Law for Minnesota on
Q: Does income include tips or just taxable income in a child support battle? Can bank statements be included?

Hello, I am in the middle of a child support fight. Deciding how much money is owed to the other. Two kids involved. One of the parents works in the restaurant field and makes tips. Not all tips are included in the taxable income.

Corwin Kruse
Corwin Kruse answered on Oct 1, 2021

Tips are included (and taxable). Bank statements can be requested in discovery or subpoenaed.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket going 74 in a 55. I had turned onto the state highway and did not see a posted speed limit.

Can I contest it and report that? Is it worth it/will it get me out of my ticket?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 1, 2021

Yes, of course, every speeding ticket can be contested, and should be. Focus on the desired outcome. Perhaps that can be met by agreement. Next, gather all facts and keep an open mind to all possible legal defenses. That defense may be the best available, or another might be better. If it's... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Why can my ex have his girlfriend & her kids with on my kids supervised visits with their dad when they don’t want them

From the start my kids have not wanted dads gf and kids with on their supervised visits, but he Dosent care or acknowledge their feelings/wants. Situations keep happening & things keep getting worse and he will not remove the problem for the sake of his kids. What else can I do for my kids?

Corwin Kruse
Corwin Kruse answered on Sep 25, 2021

It depends upon what restrictions are put in his parenting time in the divorce decree. If it doesn’t prohibit his GF and kids, he can bring them unless you bring a motion to modify and can demonstrate that a prohibition is in your kids’ best interests.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I recently received a speeding ticket while driving in Wisconsin. Will it affect my Minnesota record

I'm a Minnesota resident

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

If convicted (by paying the fine or losing a trial), yes. Wisconsin will report the conviction to the Minnesota Department of Public Safety for inclusion on the driver's license record (assuming a Minnesota driver's license). To avoid that, fight the ticket in Wisconsin to try to... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: So my probation expired on the 18th of this month still have two things to do

Have been good and outstanding the whole time on probation with no violations

Thomas C Gallagher
Thomas C Gallagher answered on Sep 21, 2021

It's difficult to understand what might be a question here. Is the situation one where a person is on probation in a criminal case, and the period of the stayed sentence is about to expire, but two conditions of the stay have not yet been completed? If so, the Probation Officer may ask the... Read more »

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1 Answer | Asked in Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... Read more »

Paul Lelii
Paul Lelii answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am from Minnesota and I was put on a 2-year probation for a second degree DUI home state of imposition I have comple

I completed everything except the driving with care and the med impact panel I'm from Minnesota I work full time in healthcare I lost my grandma and my mother just in the last 7 months due to covid plus nine of my residents that have been long term with me I have complied with everything that... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 17, 2021

I would expect that a probation violation might be filed. I’d suggest that you complete the driving with care and victim impact panel ASAP. Additionally, telling the court that you’ve done everything that was asked of you is a bad idea because you haven’t. You haven’t completed the DWC... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: how does getting a visa through a sibling work?

my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

Yes.

If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: i have convicted of a petty misdemeanor due to speeding 75mph on a 40. I was rushing due to family restrictions.

Have time a curfew at the house and didn't want to arrive home late, so I had to rush to get home fast and, my mom was sick, so I had to take care of her in all ways, so I had to sacrifice myself for hers.

i was trying to know if I can go on probation for the ticket I've received

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 16, 2021

There isn't really a question here. Were you charged with speeding? Have you already paid the fine and consequently plead guilty to the speeding ticket? You need to more clear on what you are asking for anyone to help you.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I file a haraasment restraining order to protect residents and staff from my organization from a former client.

My organization works with youth involved in the criminal justice system and formerly homeless and/or sexuallly exploited youth. We recently evicted a 26 year old resident who has been tresspassed, however sits just off property and heckles staff and residents. He has also been accused of selling... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 13, 2021

The request for a Harassment Restraining Order is pretty straightforward. You would simply need to submit one in the county where the facility is located. An HRO could prohibit the former client from being within a certain distance of the facility. You are going to have difficulty submitting a... Read more »

3 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 24, 2021

There are slogans, and there are slogans.

Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open...
Read more »

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1 Answer | Asked in Estate Planning and Insurance Bad Faith for Minnesota on
Q: When a person appoints a power of attorney and he passes away, does that power of attorney end? I am from Minnesota.
Nina Whitehurst
Nina Whitehurst answered on Aug 30, 2021

A power of attorney ends when the principal dies. It also ends when the agent dies, unless there was a successor agent named, in which case it continues in favor of the successor agent.

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