Lawyers, Answer Questions  & Get Points Log In
Minnesota Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: I would like to date a man (35),who is a vunerable adult . Can I get in any legal trouble for being with him?

His disability is bipolar, and, anxiety. I've known him for over 10 years.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 27, 2019

You don’t provide enough information to provide a good answer to this question. Bipolar and anxiety would not typically make someone e a vulnerable adult on their own. There must be more going on here.

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: I was issued a citation that has 30 days to pay the citation or set up a court date. Can they put it on media

Saying I'm guilty or charged with even if I havnt paid citation or got court date set up??? Is there anything I can do to get that changes by police department?

Thomas C Gallagher
Thomas C Gallagher answered on Jul 2, 2019

Generally, most court records are public. But a person is presumed innocent until the claim made is proven or not at a trial, or with a plea. If a person has been charged with a violation, to say that person was charged would be accurate. But if a person has been charged with a violation that is... Read more »

View More Answers

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: What are the legal actions I can take if I believe I've been discriminated out of a job position within my company?

I've been with my current company for over a year, which is the probation period before we can apply for another position internally. There's been an open position at my company since the previous employee vacated it back in March of this year. The position was posted in May, and I had applied to... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Jun 27, 2019

Missing from your question is *why* you think you were treated differently. If you were not considered for the position because of race, gender, age, disability, or some other protected class or protected conduct, then you may have a claim worth pursuing.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: How do you go about a civil rights issues with the police department.

I was jailed twice against my liberty on false charges and the police knew this.

Gary Kollin
Gary Kollin answered on Jun 22, 2019

Contact a lawyer

1 Answer | Asked in Gov & Administrative Law, Criminal Law, DUI / DWI and Civil Rights for Minnesota on
Q: can you have your license revokes if cops didnt pull you over?

cops didnt see me driving going on hearsay that i was, then came to my house arrested me towed car didnt read me right i did field sobriety test they said i refused it but they have levels from test, i bailed out of jail 1200.00 dollars now they gave me a notice of order of revocation,i wasnt even... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 5, 2019

Most DWI arrests follow a traffic stop by police. But not all. Some few follow a police contact at the arrested person's home. And some follow events that do not include police observation of driving. However, often DWI cases where the police do not observe driving, operating or control of a... Read more »

3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on
Q: I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.

I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing more... Read more »

Luke Neuville
Luke Neuville answered on May 18, 2019

Your girlfriend has rights to exercise in court but it's not advisable to discuss over public forum. I would advise contacting an attorney that gives free consultations to get some better information.

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: Is that a public park is a "known drug area" sufficient as "reasonable suspicion" for search without any other evidence?

Legally parked, in an open public park at a reasonable time of day, eating dinner and playing a video game on his cell, my friend looked up from his game surprised to find a squad car parked perpendicular to his truck with lights activated. Thinking something was wrong my friend got out to see... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 12, 2019

Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If friend has... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Minnesota on
Q: I owe 22,000 in Restitution, civil fines. Is there a way I can reduce or wave this since it is a unrealistic # to pay?
Lucas Wynne
Lucas Wynne answered on Apr 4, 2019

Theoretically, the judge could issue an order relieving you of that debt. Although, it is not that likely. You will likely need a defense attorney to look into it and see if it’s a possibility.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on
Q: Is there any possible way to get a new prosecutor and judge? Is there any way to reopen omnibus or restart a case?

Many mistakes were made in this case. By my lawyer and the judge. My lawyer failed to be prepared for the Rasmussen hearing. He never attempted to do any research into the case and facts. The case is entirely based around a vioation of both the 4th amendment and article 1 section 10 mn... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Feb 20, 2019

Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Minnesota on
Q: Can a Probation officer change the terms of a court order? And is there a way to prove said terms are unjust/unreasonab?

The charge is Disorderly Conduct, dropped from a DV that he shouldn’t have been charged with in the first place. No prior offenses. No criminal record. Stable job for 15 years. Happily married with 2 kids.

Thomas C Gallagher
Thomas C Gallagher answered on Dec 31, 2018

A Probation Officer does not have authority to change the written terms of judge's explicit, written conditions of probation. But from a practical perspective, judges rely heavily on probation officers and give them a lot of discretion. A defendant have trouble with a probation officer is better... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Minnesota on
Q: My lawyer got disbarred and misrepresented me im disabled and want to know what to do to to file a complaint

They where a husband and wife team I never consented to have him show up in her place or anything I wasn't even guilty

Thomas C Gallagher
Thomas C Gallagher answered on Dec 30, 2018

If the lawyer has already disbarred, I'm not sure what more the Minnesota Lawyer's Board of Professional Responsibility could do. But you may wish to contact them and find out.

If you want to look into your conviction, you may want to ask a private criminal defense attorney or public...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Minnesota on
Q: Who can you contact regarding no charges being filed against a sexual predator?

Mid twenty year old male who is labeled as a vulnerable adult sexually assaulted a 7 year old male child. The child confirmed this in an interview along with the predator admitting it happened along with his guardian admitting it happened. Also this is not the first time this predator has sexually... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 19, 2018

The County Attorney for the county where the offense occurred makes any charging decisions about whether to move forward with charging the matter out. I am assuming that there must be some valid reason why he or she is choosing not charge the case.

1 Answer | Asked in Civil Rights, Contracts and Libel & Slander for Minnesota on
Q: Violation of civil rights, breach of contract, defamation

Expelled from college for appealing a 1 year suspension. Sexual assault policy violation. Both parties drinking, male found responsible. Criminally charged but case dismissed prior to trial. Criminal discovery revealed exculpatory evidence that all female title IX committee withheld from... Read more »

Gary Kollin
Gary Kollin answered on Aug 26, 2018

And your question is what?

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on
Q: What If proper procedure was not followed by Minnesota statue.

I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default

Joseph A. Gangi
Joseph A. Gangi answered on Aug 15, 2018

Speak with an attorney. If you were not properly served, you may be able to reopen the case.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: A search warrant was issued for my home stating that they were looking for "any device that connects to the internet"

I never ended up being charged with anything, and i wasnt at home when they executed the warrantm i was never told what i was suspected of doing. This happened in june of 2017, and they refuse to give me my property back. They claimed that possession of such items was evidence of a crime. They took... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2018

What they can seize is generally dependent on what the search is for. It is unclear what the basis for the search warrant was so it is difficult to answer the question. Can you provide more information?

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Cops took my 14 yr old dog to a shelter during a search warrant at my house cuz of roommate not me my sister went and

Got him cop told her don't give him back so she took him out if state can a cop give away my dog when warrant wasn't my fault cop hates me I want my dog back

Thomas C Gallagher
Thomas C Gallagher answered on Jul 28, 2018

The question, as worded, is difficult to understand. You are welcome to give a call to discuss. You should be able to get your dog back, unless there is some problem related to the dog.

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Minnesota on
Q: I am moving and I set up a garage sale that upon packing I have added more it was placed neatly on my yard and covered

When rained the city sent an abatement letter and gave me a date of june 12 to comply and clean up but the city came in on fri June 8 and bull dozering everything destroying all how can they not go by there own rules and the money I lost !! Thanks

Gary Kollin
Gary Kollin answered on Jun 12, 2018

Look at the case of Carton v. City of St. Petersburg. I believe that will provide you guidance. Google

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can a search warrant be so vague to just request pictures of your home both interior and exterior and get a night search

Excecuted warrant, pictures taken. No charges, won't let me get a copy of affidavit

Thomas C Gallagher
Thomas C Gallagher answered on May 17, 2018

Search warrants are by definition signed by a judge, ex parte -- meaning with only the unchallenged claims of a police officer. The person targeted has no way to challenge whether a search warrant was really warranted until after it is executed by police. Normally, the legal challenge to a search... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What can I do in a situation where one is falsely accused?

Hello,

I am asking on behalf of a relative who, due to a misunderstanding, was falsely charged with an altercation against law enforcement. I understand that the subject itself is touchy, but I am at a loss as to what they can do. To sum up the event:

My brother was at a bar with... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 11, 2018

First, after a traumatic event, it's important to pause to regain as much of a clam demeanor as can be. It's difficult to avoid feeling defensive and emotional, but valuable to try view the situation as a problem or puzzle that needs to be solved. Assume that there is a solution. the challenge... Read more »

1 Answer | Asked in Civil Rights and Wrongful Death for Minnesota on
Q: Can a police officer that kills an unarmed civilian and claims to fear for his/her life be charged with cowardice?
Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

There is no charge of cowardice. Under the circumstances the estate of the deceased may bring a civil action. They should check with the Minnesota Civil Liberties Union to ask on "police misconduct" cases who their "cooperating attorneys" are. Those attorneys give free consultations. Note: this is... Read more »

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.