Lawyers, Answer Questions  & Get Points Log In
Minnesota Questions & Answers
1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: Can he shoot our dog if he lured him over

We live out in the country and out neighbors will sit outside and and make noises to our dog to go over and today we heard a gunshot and He called and said he shot at our dog after he lured him over can he do that?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 14, 2020

No, that would be animal cruelty/abuse. But, keep your dog fenced in or tethered whenever he's outside to make sure he stays safe since your neighbor is crazy. Report this to animal control or your local law enforcement.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi. I have a question about changing my status and applying for green card based on marriage.

I'm from South Korean and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended the program for one more year. So I was going to be done with the program in May 2020 but then Covid19 broke out. So DOS allowed... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 14, 2020

You may remain in the USA and adjust through your USC spouse. Because your adjustment is through a USC immediate relative you will not be charged with any overstay or out of status time.

Your extension remains a lawful status.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi I have a question about changing my status and applying for green card based on marriage.

I'm from South Korea and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended it for one more year. So I was going to be done in May 2020 but then Covid19 broke out. So DOS allowed in-country Aupairs to extend for... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 14, 2020

If the 2 year return home rule does not apply then you can. The K visa application you filed would be rejected as invalid. The fiancé visa is for foreign national fiancés living abroad who would be processing at their home consulate. You live here so you wouldn’t qualify. Retain counsel for... Read more »

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over for speeding .then he proceed to give me poss of pot in motor vehicle ticket ?never gave speedticket

because his probable cause was speed he never gave me ticket for speeding?does that make his other tickets against me n case illegal in court?

William Bailey
William Bailey answered on Jul 13, 2020

Unfortunately, no. The officer may use your speed to provide a reason to stop you and ultimately decide not to cite you for it. His decision not to cite you for your speed does not invalidate the marijuana possession ticket.

You will want to have the assistance of an attorney in fighting...
Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I pay my 64 in a 55 speeding ticket I don’t have to go to court?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 8, 2020

Correct. But just paying the ticket is the same as a guilty plea and you will end up with a conviction.

View More Answers

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can my daughter be held in Nobels county jail for 11 months without a trial because of the virus

My daughter was arrested for transporting meth from SD in December 2019. Her court date was set for March because of the virus the trial was reset for July 28, my daughter just now received a letter moving her trial until November can they do this she will be in Jail for a year before she is... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 8, 2020

They certainly can if she has not demanded a speedy trial. If she has made such a demand, there is an analysis that gets done about whether her right to a speedy trial is being violated and if so, what the remedy should be. One such remedy might be release from custody. Another such remedy could... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Minnesota on
Q: How do I calculate life estate remainder interest value? Please help.

Won't let me edit main question, but please read-on... I purchased my fathers remainder interest last year at a value based on Minnesota's "Life Estate Mortality Table" which seems to be the same for all states. I fixed-up the home and am selling so will need to calculate value... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

Your basis in the remainder interest is what you paid for it plus any other costs of acquisition, such as recording fees and documentary transfer taxes, if any, and title and escrow fees, if any. As far as the sale price goes, it is whatever the market will bear. Consulting actuarial tables is... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: I received a call from my ex supervisor while I was on low need status informing me that my position was terminated

Does my employer have grounds to do this, it's the covid stuff is why I on low need or/ was laid off, and before i could come back my position was dissolved?

Paul Lelii
Paul Lelii answered on Jul 7, 2020

Sir, in today's employment setting, this is a cutting edge legal question. First, more information is needed, for example, why were you actually on leave? Was it medical or just covid-19 reasons in general? Thus, it is hard to answer your question without greater details about the employer,... Read more »

1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: I’m 17 and I brought a cat that lived with my mom and stepdad to the humane society.

My mom and stepdad were neglecting and abusing him. I brought him to a better place but my mom found out and is very angry. Can I get in trouble for “stealing” the cat?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 4, 2020

Most likely, no. But I’ve seen police press charges in situations like this.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My boyfriend is sitting in another county on a warrant how long can they hold him since covid 19 going on
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 3, 2020

They can hold him until he appears in front of a judge to address his conditions of release.

2 Answers | Asked in Criminal Law for Minnesota on
Q: How long can someone sit in jail for a probable cause without seeing a judge for 4 days.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 30, 2020

I would suggest that you consult with an attorney directly the timing of everything going on here. Attorneys, including me, generally will provide a free consultation and they can look at the exact timing in order to best answer your question.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: False Evidence being used,felony domestic abuse,should I contact County Attorney Office ? July 6 2020 hearing

coworker had made false reports to police about a female she dislikes, to ‘get back at her’. Then her husband was arrested Feb ‘20 facing felony strangulation,child endanger, 911 interfere, +more.

For 3+months,she has been calling police making accusations... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 30, 2020

This question doesn’t make a ton of sense. Most attorneys, including me, will provide free consultations. Contact someone directly to discuss the situation.

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Will I go to Jail for using my Parent’s credit card without permission?

I’m 16 and recently my parent’s bank account had a credit card fraud by a different person somewhere off state but they also discovered that I’ve made a couple microtransactions without their permission but after the call towards the bank I promised to pay them back. However the bank said... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 29, 2020

Try to focus your attention on time and the possible. Events in the past cannot be changed. But you can control your behavior in the present and the future. So don't overthink past mistakes that are too late to change. Instead, learn from past mistakes, and resolve to make better choices... Read more »

2 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: I was wondering if I can become an attorney even though I had a felony when I was 16

I was granted a stay of adjudication and completed probation I also fully paid my restitution I am currently 18 now an want to know if it would affect me now

Thomas C Gallagher
Thomas C Gallagher answered on Jun 29, 2020

Take a look at the web page for the "Minnesota State Board of Law Examiners » Character and Fitness Requirements." My guess is that it will be possible, though perhaps some extra attention may be necessary when applying. You could also give them a call to discuss your situation.

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a speeding ticket. The officer's name is not on the citation in the 'Trooper/CVI Name' block. Badge # is.

Does an issuing officers name have to be on a citation to make it legal? I did not get the officer's name and it is not in the 'name' block of the citation. The trooper's badge number is. Can a state trooper legally give a speeding citation on a county road? This occurred in... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 24, 2020

In general, typos and irregularities on a citation can be fixed later by a prosecutor. As for jurisdiction issues, those sometimes can create an opportunity for a defense win. But that will depend upon the facts and circumstances in the case. I like the fighting spirit! If possible, get help... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Health Care Law for Minnesota on
Q: I had a toxic reaction to a substance used in a routine X-Ray procedure.

I had previously informed the facility that I was allergic to this substance, yet it was administered anyway. This resulted in two trips to the ER in four days. Both times my complaint that I was given a toxic substance were not addressed by the on-duty physician and I was discharged while still... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2020

A Minnesota attorney could advise best, but your post remains open for two weeks. It sounds like what you experienced might have been a severe reaction to a contrast agent - only a medical professional could say for certain. You could contact a Minnesota med mal attorney to discuss the matter... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Minnesota on
Q: If someone places an Ofp on you, are they allowed to stop by your place of residents?

And have their boyfriend come to the door To drop off a gift? Also are they allowed to try to contact you via 3rd party considering they are the ones who placed the order of protection on you?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 22, 2020

An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Communications Law and Entertainment / Sports for Minnesota on
Q: Can the news media be sued for causing fear, anxiety and other mental health issues due to the way the news is written?

In speaking with others, I find that watching the news causes me anxiety and extreme fear by the way it is delivered to us consumers. There is no way to know what is being reported is true. It can be argued that the reporting of the events surrounding police shootings are fueled by the media and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

NO. The news media are subject to certain immunities for the fair reporting of events that occur. You cannot sue them for that. You would have to show that they targeted you, personally, with the news coverage.

I share your pain about the reporting of current events, but you still...
Read more »

1 Answer | Asked in Probate for Minnesota on
Q: I’m 23 who lost both of her parents. Due to my age my aunt took over the estate- and I believe she is hiding/taking $.

I just got the probate and distribution paperwork and there are many discrepensies of money that was paid out during probate. Ever since she took over my moms estate she’s been vacationing getting her sons new cars and herself a new car. I just have gone through enough I don’t want this to be... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 20, 2020

Hire an attorney without delay to look into this for you. It is possible you have already lost your rights due to expiration of the statute of limitations but if you have any time left it’s not much. Don’t post any more questions seeking free legal advice. No attorney in this or any other... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: If i came to the US in 2009, do I qualify for DACA?

I have no criminal records nor felonies.

Adan Vega
Adan Vega answered on Jun 20, 2020

DACA applicants had to prove continuous residence in the U. S. since June 15, 2007 among other eligibility criteria.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.