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Minnesota Civil Rights Questions & Answers
1 Answer | Asked in Employment Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: my general manager held his office door shut preventing me from leaving.

my unemployment benefits are being withheld.

Paul Lelii
Paul Lelii answered on Oct 25, 2020

I hope your okay physically due to your manager's aggressive behavior. I suggest you contact law enforcement to report the facts to them in addition to making it known to your employer in writing as to what happened. Tell the truth always. If your benefits for unemployment are being withheld,... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Do private clubs have to follow the Governors new mandate on masks?

Meaning a Club that you need to be a member of in order to be there. Public would not be allowed to come in off the street. Members only

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 23, 2020

You don't provide enough information here to intelligently answer the question. What do you mean by "private clubs?"

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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 »

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1 Answer | Asked in Civil Rights and Domestic Violence for Minnesota on
Q: do i have a right to make someone leave my home ASAP? hes an ex who has moved out and back in several times demandingly

ive asked for an OFP but it was costly and the judge recommended working it out. the police say he can stay here and we have to work it out. he has never paid rent, no utilities and has Coherced me into spending most of my inheritance over the past 2 years in the amount of $40k. hes verbally... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 4, 2020

An OFP should not be costly. There is no filing fee for the petitioner and the court is required to grant the OFP if the court believes that there has been domestic abuse. I would suggest seeking an OFP to protect you. The OFP would exclude him from the residence.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Civil Rights for Minnesota on
Q: Separated but married, selling house and she received 2K from buyers today. Does she need to give me half?

She is refusing to give half, is she able to do that?

Corwin Kruse
Corwin Kruse answered on Mar 4, 2020

By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: I have been sentence for a certain day but wondering who do I talk to about other inmates that dislike me

I want to be able to recieve good time and not have to do the full sentence because there's people that dislike me

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 4, 2020

You won’t lose good time because other inmates dislike you. Keep your head down and stay out of trouble.

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Minnesota on
Q: Why does this need to be read without consultation concerning the underlying issues that have not yet been addressed?

I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... Read more »

William Bailey
William Bailey answered on Jan 24, 2020

It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.

3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: My boyfriend was arrested for a warrant and my truck was seized by the county police. I was not present during that.

Stimulation offered to me i refused to agree to. Saw judge once and he said I needed to file some sort of claim or process but I cant remember what or which. What do I do to start legally regaining my property and sue the county for unneeded force by running into my parked and shut off truck... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 21, 2019

Stimulation offered? I don’t know what that means.

It’s difficult to know in the abstract if running into your vehicle was justified or not. There are times where law enforcement will execute PIT maneuvers if the driver refuses to stop.

It also matters why the vehicle is...
Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for Minnesota on
Q: How do I prove that police tampered with evidence

It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 9, 2019

It’s unclear what you are charged with or what the video is supposed to depict. You need to be represented if you are charged with a crime. Get an attorney.

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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Minnesota on
Q: What can I do for being put on probation for 5 years for absolutely nothing and. Having my criminal history changed ?

I took the case to trial and was scheduled to get off probation in 2034. I got off probation in 2011 but about a month ago I checked and it says in now being monitored till 2039

Gary Kollin
Gary Kollin answered on Oct 1, 2019

Sounds like you to pled to the charge. If you believed there was absolutely nothing, why would you take a plea instead of going to trial?

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 »

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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... 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... 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... 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.

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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... 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... Read more »

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