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Minnesota Gov & Administrative Law Questions & Answers
Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,...
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1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: I got pulled over the same day I bought my truck so my insurance shows my old car. Will that work for the court?
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

A Minnesota attorney could advise best, but your question remains open for a week. Double-check that with an attorney experienced with the traffic court protocols of your state. Unfortunately, in many places, producing a card is not sufficient any longer. The court may require a letter from the... View More

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 21, 2024

You might consider an effort to avoid a criminal "conviction." That would be valuable, in the future. It may be a possible to resolve the case in a way to avoid conviction, usually involving a period of compliance with agreed and ordered conditions. You can discuss this with your lawyer.

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2024

I think that it is unlikely that you would be facing jail time for a first time GM drug possession case. The best thing that you can do for yourself to avoid having to serve jail would be to get a Chemical Use Assessment and start following the recommendations. That is something that you are... View More

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1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Can a US citizen work in the USA without applying or having the intension to apply for a Social Security number

I want to know if there is any possibility to work within the USA without a SSN as an American citizen. Ergo paying income tax without a SSN

T. Augustus Claus
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answered on Jan 4, 2024

In the United States, it is generally required for individuals working and earning income to have a Social Security number (SSN). A Social Security number is used for various purposes, including tax identification, and is typically required by employers for payroll and tax reporting. While there... View More

1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: My car title is in the DMV system's maze. I do have every document but I don't have my car's title. Can I sue them?

Facts: I live in MN, I bought a car from a dealer in WI and brought it to MN, July 2021.

I was able to register my car. The WI dealer told me we will mail you the title to your address, which might take up to 40 days

I did not get the title mailed and forgot about that title until... View More

James L. Arrasmith
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answered on Dec 27, 2023

In your situation, it's important to understand that suing the DMV or the dealer might not be the most efficient or effective first step. Lawsuits can be time-consuming and costly. Before considering legal action, it's advisable to exhaust all administrative remedies.

First, you...
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2 Answers | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Minnesota on
Q: What legal steps to take if facing eviction by HUD under federal discrimination investigation?

I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?

Anthony M. Avery
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answered on Mar 29, 2025

Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.

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2 Answers | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Minnesota on
Q: What legal steps to take if facing eviction by HUD under federal discrimination investigation?

I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?

Anthony M. Avery
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answered on Mar 29, 2025

Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.

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1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant, Public Benefits and Civil Rights for Minnesota on
Q: Seeking legal guidance on HUD voucher downgrade, payment disputes, and eviction threats in St Louis Park, MN.

Upon moving to St Louis Park on February 29th, we settled into a three-bedroom based on our original HUD voucher. Subsequently, the voucher was downgraded by St Louis Park HRA to a two-bedroom due to my mental health disabilities, despite valid accommodation requests. With no two bedrooms... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation involves several potential Fair Housing Act violations regarding reasonable accommodations for your disabilities. You have the right to request accommodations from both your housing authority and landlord, and they must engage in an interactive process to address these requests... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Gov & Administrative Law for Minnesota on
Q: Can I sue for discrimination after denial due to race & disability despite a dismissed felony?

I initially received approval from a rental complex in Minnesota, but was later denied after a second background report cited a felony discrepancy from another state, which was subsequently dismissed. I believe this denial is based on race and disability, and I have filed and signed a housing... View More

James L. Arrasmith
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answered on Mar 24, 2025

You may have grounds to sue the rental complex for housing discrimination in Minnesota based on the situation you've described. Filing a complaint with HUD is often the first step in this process, and you've already completed that important action. Since you believe the denial was based... View More

Q: Clarification on ATF form 4473, intimate partner status after divorce and HRO in Minnesota.

I'm seeking clarification on ATF form 4473, question 21.i. I was divorced on November 21, 2023, and my ex-spouse and I have been apart and have not communicated outside of court testimony since March 15, 2022. On August 23, 2024, Minnesota issued a Harassment Restraining Order (HRO) against... View More

James L. Arrasmith
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answered on Mar 24, 2025

Form 4473 question 21.i specifically asks if you are subject to a court order restraining you from harassing, stalking, or threatening an "intimate partner." Under federal firearms laws, an intimate partner generally refers to a spouse, former spouse, parent of a shared child, or someone... View More

1 Answer | Asked in Gov & Administrative Law and Appeals / Appellate Law for Minnesota on
Q: Seeking legal help to track pro se motion to vacate in MN.

I filed a motion to vacate pro se on February 6th and I'm looking for legal assistance to ensure it doesn't get overlooked. Despite having a strong case for early release, finding a lawyer has been challenging, possibly due to political aspects of my case. I need help tracking the motion... View More

Robert Kane
Robert Kane
answered on Feb 17, 2025

What you expect from an attorney is not clear. What do you mean you want "legal help to track pro se motion to vacate?" Are you unable to receive mail or email? Do you have money to pay an attorney? Perhaps you should repost.

1 Answer | Asked in Election Law and Gov & Administrative Law for Minnesota on
Q: Looking for forms or ways to write a petition for 204B.44 ERRORS AND OMISSIONS; REMEDY in MN

Not sure if there is a form to fill out that I can not find out if there is a template for a way to write one up.

Robert Kane
Robert Kane
answered on Oct 30, 2024

I am confident there is no form petition for 204B.44. As a practical matter, this petition should be supported by group of citizens and not just an individual. Obviously, I don't know if your petition has merit or is merely a frivolous attempt to disrupt the election. So I will not provide... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Minnesota on
Q: Can a township require a citizen to pay money to be heard at a township meeting?

My brother has 10 chickens on an acreage outside of city limits in rural Minnesota. Although he has had them since 2019, a "township inspector" recently visited his property and told him that the township only allows 5 chickens unless he has a permit. He had no problem with applying for... View More

James L. Arrasmith
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answered on Oct 8, 2024

A township generally cannot require you to pay money just to be heard at a public meeting, as public meetings are supposed to be open and accessible to residents. Local governments, like township boards, are typically required to follow state laws about transparency and public participation. If... View More

1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: I received a hands-free citation for $275. According to MN state statute 169.475 I should receive a warning. Correct?

Can you please help me interpret the wireless communications device statute? What I see is that I am supposed to first receive a warning and the second or subsequent time a $275 fine.

Robert Kane
Robert Kane
answered on Mar 25, 2024

The statute provides "a person who violates paragraph (a) a second or subsequent time must pay a fine of $275." It does not express a warning is required for a first violation. One can infer the fine should be less than $275.

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Minnesota on
Q: If a city does not have specific regulations on a business, does it default to the county regulations?

My city does not regulate bowling alleys under their ordinances, but the county does. Does that mean that the county regulations apply to bowling alleys within my city, or that no regulations apply?

EDIT: My city is Inver Grove Heights, MN and the county is Dakota. The county regulations... View More

Robert Kane
Robert Kane
answered on Oct 23, 2023

State and federal rules and regulations apply to businesses, including bowling alleys. Then counties and cities may pass their own laws as long as they don't conflict with the State or Federal rules and regulations. There are no bowling alleys that are open for business that are unregulated.... View More

1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law for Minnesota on
Q: Dear all, Hi Can I travel outside USA with my greencard and my home country's passport? I was admitted as a refugee

Just wanna know if it's must to use 131a refugee travel documents or I can proceed with green card and passport from my home country

Thanks

James L. Arrasmith
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answered on Oct 15, 2023

If you have a green card, you generally can travel outside the U.S. using your green card and the passport from your home country. However, as a refugee, there's a risk when traveling with a passport from the country of claimed persecution. If you use that passport, it may be viewed as... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Minnesota on
Q: In my Townhome who is responsible for deck repairs and even replacements
T. Augustus Claus
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answered on Oct 10, 2023

In Minnesota, whether the townhome association or the individual unit owner is responsible for deck repairs or replacements typically depends on the terms of the association's governing documents, like the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws. Often,... View More

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Civil Litigation for Minnesota on
Q: Are there any lawyers that have experience and are capable of fighting government entities?

They have violated my rights and broken several statutes. I know someone who practices criminal law, and they said I need to contact a lawyer because I most likely have a valid case, since the law is being broken by the local authorities.

Please help, I have talked to a couple lawyer... View More

Robert Kane
Robert Kane
answered on Aug 23, 2023

Yes, there are lawyers that have experience and are capable of fighting government entities. It's unfortunate (and odd) the someone you know who practices criminal law can help you find someone.

https://www.justia.com/lawyers

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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."

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