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Minnesota Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Jailer mased me in cell because i kept ringing the buzzer& knocking on the door asking for med treatment. is this legal

i was arrested on a mon had a total disc replacement on my neck c6-7 the thurs before i also had a broken hand and possible eyebrow from prev fall. the arresting officer slammed on breaks on way to the jail and kept swerving causing me to bang head on the window. i advised the jailer i wanted... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

You will need to contact police misconduct attorneys to determine if you have a case. I am not one.

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Minnesota on
Q: Violation of parental constitutional rights lawyers Lawsuit

Need a lawyer for a lawsuit against federal government for violation of parental constitutional rights by police officers and child protection services in Georgia

Robert Kane
Robert Kane
answered on Aug 11, 2023

You need to contact attorneys in Georgia.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Minnesota on
Q: If my brothers arresting officer was later convicted of possession of child pornography can my brother get a dismissal?

My brother was arrested and charged for aggravated assault on a law officer and possession. His arresting officer was later convicted of possession of child pornography. Can my brother get a dismissal or appeal based on the officer misconduct he is not longer a cop

Robert Kane
Robert Kane
answered on Jul 30, 2023

What does the officer's possession of child pornography have to do with your brother assaulting a police officer and possession? Obviously, every criminal doesn't go free because one officer broke the law.

Q: Can cps withhold evidence of your innocence? If not why won’t anyone look at it? Or who do I contact about situations?

At birth cps took my baby for allegations that they refused to tell me any details about. Yet were quickly proved to be untrue. Instead of giving baby back they changed doctors notes, fabricated new allegations, (proven untrue) and removed baby from our care. Months later won custody back. Got... View More

Robert Kane
Robert Kane
answered on Jul 22, 2023

Google: "Minnesota cps defense attorneys."

2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for Minnesota on
Q: how can i lose my lisense when i wasnt even driving

i was never arrested for driving and i was never brought into the station to have an official breathalizer administered

T. Augustus Claus
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answered on Jul 17, 2023

Losing your license without being involved in a driving-related incident can occur in certain situations. It could be due to administrative actions by the Department of Motor Vehicles or similar agencies, such as non-compliance with requirements or violations. Additionally, unrelated offenses like... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: I am an employee of the school. I fly a rebel flag on my car. The 1st amend? They asked me to take it down. Violation?
Robert Kane
Robert Kane
answered on Jul 13, 2023

It's unlikely a violation of your first amendment rights. Constitutional rights are not absolute.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: Is it discrimination if I have to take down my rebel/confederate flag on my car, or park somewhere else?
John Michael Frick
John Michael Frick
answered on Jul 12, 2023

A private business owner can prohibit such display on its property. It does not constitute unlawful discrimination. Yes, the business owner has the right to refuse to allow you to park on his premises if your car displays a rebel/confederate flag.

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: A search warrant that states a offense that is not in the code books. Is stated offense actually a offense or crime?
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 18, 2023

The question, as worded, is unclear. A "crime" is generally the equivalent of an "offense," however.

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2 Answers | Asked in Traffic Tickets and Civil Rights for Minnesota on
Q: Can the courts go from my contested omnibus in which a motion was filed under state and federal law to dismiss.....

Back to my omnibus, for the second time..without addressing my motion.. because of a error made by the prosecutor..I have been in court almost 2 years and it seems to me that the state doesn't want to follow the law...I have had 3 public defenders 2 prosecutors and multiple judges.my newest... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 7, 2023

That was difficult to follow. Perhaps a phone call to a criminal defense attorney would enable a dialogue that could help tease out the issues.

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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Is it legal to hold a child (12) in Minnesota jail without letting parents see them at all.

My 12 year old brother has been arrested for assault for stabbing a staff member in his mental health group home with a knife. He was arrested and is now on a 36 to 72 hour hold in county jail waiting to see a judge. Is this legal? Minnesota says someone under 14 cannot commit a crime. How do you... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 5, 2023

Last time I checked, the minimum age in Minnesota was 10, for prosecuting criminal violations in juvenile court. But a lawyer may have been able to help with these issues. Another idea would be to talk to the medical staff or social worker in the juvenile detention facility.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: I was arrested over a year ago, charged with driving after cancelation, and pled guilty. The case was closed March 10.

I contacted the Isanti County MN court administrator requesting the cash bail that was posted ($1000) and was told there now was a hearing scheduled the end of April regarding the refund. The judge signed off March 12. Can they do this? Don't I have a right to this refund ASAP? What action can... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 23, 2023

If you posted cash bail, the bail should be refunded to you absent the costs of any fines, court costs, etc. The only exception to this would be if you violated conditions of release or missed a court date during the pendency of your case. When that happens, bail can be revoked and in some cases... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Is it legal to put a spy camera on my daughter for daycare to catch the teacher who’s been abusing her?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 3, 2023

Contact law enforcement if you believe that your daughter is somehow being abused at daycare.

1 Answer | Asked in Personal Injury, Civil Rights and Public Benefits for Minnesota on
Q: Is there a lawyer willing to help me sue a hotel after I was violently robbed and beaten

I had no phone in my hotel room to call 911 and the doors were broken and hotel was really understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You probably have a decent case. Your case would be stronger if you did not know the attackers. When did this happen? There is a statute of limitations that applies to these types of cases.

1 Answer | Asked in Criminal Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Minnesota on
Q: Can I sue the hotel after a violent robbery

No phone in my room to call 911 and hotel was understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 19, 2022

Yes.

2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Iv made a mistake that can cause me 5years in jail how can I prove to the judge and prosecutor I’m a good person
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 2, 2022

First get an attorney. Don’t represent yourself. Your attorney can help to minimize any consequences that you might be facing here.

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Minnesota on
Q: In regards to searching my purse..my purse was in car with the passenger and I was in cop car. For at 10 minutes then

The cop searched my purse and found what appeared to be drugs charged 5th degree possession and 4th degree DUI...2.5 years later the timing is that legal statute of limitations?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 14, 2022

There are two separate issues here. The constitutionality of your encounter with law enforcement. Was the traffic stop legitimate? Was the search of your purse constitutional permissible? Issues along those lines could result in suppression of the evidence against you and dismissal of the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 26, 2022

If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Do you have to provide ID when being trespassed from a bar in minnesota?

I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 10, 2022

You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation... View More

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2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: I'm in 18 year who started a job kwikTrip for 2 weeks and today I had a man walk in with facial hair

And wanted to purchase alcohol I assumed he was old enough and sold it to him not sure after a cop came in took me in the bag and said I just sold a minor alcohol I am distraught I'm devastated I've never committed a crime I'm an emotional wreck I in fearful of even going back to... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 12, 2021

The charge of selling alcohol to an underage customer is a gross misdemeanor. Law enforcement performs these types of sting operations all the time. You are presumed innocent and cannot be found guilty unless you are proven guilty beyond a reasonable doubt. You are entitled to an attorney and... View More

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2 Answers | Asked in Civil Rights and Criminal Law for Minnesota on
Q: I was came onto by and underage girl from NC she’s 17 I’m 27. Her dad is seeking legal action against me. What do I do?

She matched with me on a dating app. Where I think it stated she was above the legal age. She Flirted with me for a couple days, then let me know she was 17. I told her nothing could happen between us physically until she turned 18 in December. She continued to be suggestive and flirt with me ie... View More

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

This is a scam. I’m assuming dad is looking for you to pay some money for medical bills or therapy? This scam happens all the time.

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