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Minnesota Questions & Answers
1 Answer | Asked in Criminal Law for Minnesota on
Q: My friend is being charged with controlled substance charge. On her paperwork from her arrest there is an F.B.I. number

At the top where there is also the case # etc. Why and what does that mean? Is it normal?

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

What kind of document are you looking at? A police report? A complaint? Something else? More would need to be known in order to intelligently answer your question. Reach out to attorneys directly. Most of us provide free consultations.

1 Answer | Asked in Probate for Minnesota on
Q: How do I report to the court that someone has claimed to be a trustee , stolen my property, claims in court no trust?

There has been no showing of the trust and all the properties and money are being stolen.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Aug 2, 2021

You will have to hire an attorney. If I were the attorney, I would get you appointed the administrator of the estate. Then get that person served and force him or her to come into court and prove that a trust exists. As administrator, you'd be able to get bank statements of the decedent... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: How can I have a court date for probation violation scheduled after my one year probation has expired?

I have the probation agreement paperwork stating the expiration date.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 28, 2021

Under Minn. Stat. 609.14, a probation revocation may be filed up to six months after expiration of probation so long as the probation violation occurred while the individual was still on probation.

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2 Answers | Asked in Immigration Law, Personal Injury, Traffic Tickets and Workers' Compensation for Minnesota on
Q: MN Statute 169.18(8)(a) - I need an affordable lawyer who can help me on this traffic citation please.

On July 18th I was cited for following a car too close as he was turning right in front of me on a 35E exit to pilot knob road which is a two-lane road. MN Statute 169.18(8)(a) I did end up closer to the vehicle than I, myself, would have preferred since the front car slowed to turn much more than... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 20, 2021

The effect that this might have on your insurance rates depends on your prior driving record and your insurance company. There is no mechanism for tickets automatically coming off of your driving record absent some type of agreement with the prosecutor. I don’t necessarily expect it to affect a... Read more »

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1 Answer | Asked in Immigration Law and Adoption for Minnesota on
Q: How soon after getting adopted a foreign child becomes eligible for immigration benefits?

When a U.S. citizen adopts a 15-year-old foreign national, and the adoption takes place in the child's native country, are immigration benefits (allowing the adoptive parent to apply for a family-based U.S. visa for the child) conferred onto the child immediately or after a certain waiting... Read more »

Agnes Jury
Agnes Jury answered on Jul 15, 2021

A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:

The child is adopted in the United States or abroad;

The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted...
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1 Answer | Asked in Civil Litigation for Minnesota on
Q: I bought a cabin in 2010 After close I put my mate on the title. I paid it off 2016. She paid $0. Is she entitled to

I bought a cabin in 2010 by obtaining a loan in my name only. After close I put my unmarried mate on the title. I paid the loan off in 2016 with proceeds from my deceased brother's estate. My mate and I split up in 2019. She made 4 payments of principal only and never paid for anything else... Read more »

James A. Teigland
James A. Teigland answered on Jul 12, 2021

Hello,

I see you are from California but asked a question in MN's Civil Litigation section. I'm assuming the property you are asking about is located in MN. Generally speaking, 50/50 owners split the sale proceeds of a property 50/50, but the rule is not absolute. Courts should,...
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1 Answer | Asked in Criminal Law for Minnesota on
Q: What are burglary tools by law?
Thomas C Gallagher
Thomas C Gallagher answered on Jul 12, 2021

See, e.g. State v. Peterson, unpublished, Minn Court of Appeals 2020:

"A person is guilty of possession of burglary tools when he "has in [his] possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary."...
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1 Answer | Asked in Criminal Law for Minnesota on
Q: My bf was charged with domestic assault. How do I play the difficult witness card.

I asked the prosecutor to drop the charges as I just wanted him to leave that night. She would not drop them but offered a deal of disorderly conduct. He refused the deal. I will be subpoenaed to testify. I’ve been told without me the witness there is no case and I can be difficult or... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jul 12, 2021

The prosecution has the burden of proving guilt at a criminal trial, with evidence. Normally hearsay (an out-of-court-statement offered-to-prove-the-truth-of-the-matter-asserted) is inadmissible at trial (is not evidence). As a result, if the prosecution's key or sole witness does not appear... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I get my first speeding ticket the speed limit is 25 mph my speed is 35 mph can I removed from my record
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 3, 2021

Your question is confusing. Is the charge pending and you don’t want it on your record. Or were you convicted and you’re trying to have it removed from your record?

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2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can my husband face criminal charges for committing adultery with his first full blood cousin?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 29, 2021

Strangely enough, adultery isn't an offense for married men. The statute is incredibly outdated and sexist and frankly, I have never seen a woman charged with adultery in the 20 or so years that I have practiced as an attorney. Incest in Minnesota is a crime as well, but the blood... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Officer could not provide a ticket to sign because her in-car printer was broken. Can I get a dismissal based on that?

I was pulled over for not stopping at a stop sign in Minnesota (I'm from Texas) but when she came back to the car with my license, she said that she couldn't give me a ticket to sign because her printer was broken. Can I get out of this ticket because of that?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 28, 2021

No. You are not required to sign a ticket upon receipt in Minnesota. There may be other ways to avoid the ticket or to keep it off of your record, but the printer being broken is not one of them.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: Found not guilty of dui but still lost license and car isn't that double jeopardy?

By the time she was found not guilty it was passed the time-line for license reinstatement. From what I understand the arresting officer was fired for lying under oath. I believe someone is culpable and she should be made whole. She has suffered tremendously and is still feeling the after effects... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 28, 2021

The processes for challenging the license revocation and motor vehicle forfeiture is completely separate from the criminal case. She would've needed to file challenges to the license revocation and to the forfeiture far earlier in the process and this would've been laid out in writing in... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: I have court ordered sole physical n legal custody. Can my sons father have access to his medical info?

My son is 17 and his father n i divorced 16 yrs ago. Im in Minnesota

Corwin Kruse
Corwin Kruse answered on Jun 28, 2021

Physical custody has little meaning in MN and is unrelated to medical info. The question is legal custody. If you have joint legal, he would generally have a right to the info.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What’s the best way to ask for a dismissal of a speeding ticket?

I received a ticket for speeding in a special commissioners zone. Speed limit dropped from 55 to 40 in front of a State Park parking area but I don’t recall any yellow warning signs about the speed drop. The ticket is for 59 in a 40 and I’ve read that anything over 15mph over stays on record... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 25, 2021

Representing yourself is never a particularly good idea. You have some misunderstandings about the law. First, a ticket, at least in Minnesota, remains on your driving record permanently. I've seen folks with stuff on their driving record going back decades to the 90's and even the... Read more »

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1 Answer | Asked in Employment Law for Minnesota on
Q: How much freedom does an employer have to change shift start time?

I am a manager and for the last 2.5 years I have been coming into work at 8:30. They are now asking that all managers come in at 6:45 for a morning meeting. I am not willing to accommodate this schedule. I have purposefully stated only that this is for "personal reasons". They are not... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 23, 2021

Your employer is generally free to change your hours or shift start time at any time for any reason. In general, there is no recourse for you if your employer disciplines and/or terminates you for failing to attend a mandatory pre-shift meeting. If the reason for your unwillingness to attend the... Read more »

2 Answers | Asked in Social Security for Minnesota on
Q: I can't find a lawyer for my SSI appeal is there no hope?

I had a lawyer file my initial application but I see now it wasn't filed correctly. I had no knowledge before about the date last insured which is 2015 and I have not worked since 2011. I do have assets so it makes things even worse and now from a car accident, I'm crippled up even worse... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 22, 2021

I'm not clear what part of your application you think was filed incorrectly. If your date last insured in in 2015 then you would have to prove that you became disabled before that date in order to be paid Title 2 disability benefits based on your work history. That can be really difficult but... Read more »

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1 Answer | Asked in Real Estate Law for Minnesota on
Q: I have used my driveway for over 20 years now my neighbor says it’s on his land and I can’t use it? What can I do

The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2021

It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: I made an anonymous report about someone committing economic assistance fraud. They received a court summons.

Can their attorney gain access to my anonymous phone call?

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

Not necessarily. But they may be able to put two and two together to determine that you were the one who made the call. Presumably, the police reports would reference the anonymous call and what information was provided that resulted in the initiation of the investigation into the individual who... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: My ex and I were never married and we both want to do 50/50 with our two kids.

She has them on her medical insurance and I pay the daycare. We are still currently living together but I’m looking at moving out but in the same town so that the convenience for her if she needs help with anything and for the kids. I just want to know how we’d go about making an agreement or... Read more »

Corwin Kruse
Corwin Kruse answered on Jun 2, 2021

You can jointly petition the court to establish custody, parenting time, and child support. If paternity has not been adjudicated, you need to include that in your petition.

Daycare is one element of child support, as is insurance, and would be divided between you. You can get a...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I arrived at my ex house and she called the police because I was intoxicated from the previous night. The police had me

Leave the premises. I was too intoxicated to drive so I slept in my car. At some point, the cops were escorted my ex to her car, I had received a call that woke me and as she was getting in her car I waz pulling out. The police had weapons drawn and arrested me. My question is how can I prove I was... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 30, 2021

You’re not going to get a defense to your charges from asking a question on an online legal forum. You need an attorney who can review the allegations against you and then discuss what potential defenses you might have against the charges.

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