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Minnesota Gov & Administrative Law Questions & Answers
2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Gov & Administrative Law for Minnesota on
Q: Can parole conditions prohibit medical marijuana use with a card in MN?

I am on parole in Minnesota and my parole conditions include staying away from mind-altering substances. I have a medical marijuana card to help manage my PTSD and sleep apnea. My parole officer is trying to stop me from using medical marijuana, even though it's not specifically mentioned in... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 11, 2025

See Minnesota Statutes Section 244.05, Subd. 2 (b) (The DOC commissioner may not prohibit an inmate placed on parole, supervised release, or conditional release from using adult-use cannabis flower, or adult-use cannabis products, hemp-derived consumer products, or lower-potency hemp edibles,... View More

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2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Gov & Administrative Law for Minnesota on
Q: Concerns about attorney's actions, evidence handling, and possible setup in drug offense case.

I have concerns about my appointed attorney's actions in my state or federal case. My attorney waived my right to have an expert witness present during evidence testing, choosing to rely on the state's expert without informing me. Additionally, the government's time limit to indict... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2025

No one here is going to be able to address your specific concerns as we do not have access to the discovery in your case. Many of the decisions made by your attorney are strategic that your attorney's to make. You attorney should certainly be discussing the case with you, but your attorney... View More

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2 Answers | Asked in DUI / DWI, Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Are firearm rights restored after completing sentence for fleeing police in Minnesota?

I was convicted in 2015 for DUI and fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3, with a sentence of "stay of imposition." I have fully completed my sentence. Are my firearm rights automatically restored under Minnesota law, and does such restoration... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 29, 2025

Step one: Check the Minnesota Statutes definition of felony "crime of violence"Minn. Stat. § 624.712, subd. 5, to see if the crime of conviction is currently listed. If it is, a lifetime loss of civil rights is triggered (unless later restored by court order or pardon). Doing so, it... View More

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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

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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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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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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1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Minnesota on
Q: Can my mom face legal trouble for not reporting my fiancé and my income while living in her basement for a forgivable home improvement loan?

My mom applied for a forgivable home improvement loan through the Small Cities Development Program in Minnesota for some rehabilitation projects on her home. On her application, she reported that only she lives in the home, which led to her approval. My fiancé and I currently live in her basement,... View More

James L. Arrasmith
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answered on May 15, 2025

Your mom might face legal trouble if it's found that she misrepresented information on the home improvement loan application. Typically, when applying for government-funded programs, all household members' income must be reported, even if they don’t pay rent. If she did not include your... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Minnesota on
Q: Can a judge orally extend a protective order past its expiration?

Can a judge arbitrarily continue an existing order that has an expiration date set by statute? There is an order in effect that is limited to one year in length by statute, though it can be extended by order of a judge after a hearing. That time has passed and the judge has not issued an order... View More

James L. Arrasmith
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answered on May 15, 2025

A judge cannot arbitrarily extend a protective order beyond its expiration date without following the proper legal procedures. While a judge can extend a protective order after a hearing, any extension typically requires a written order or official court filing. If the expiration date of the... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Minnesota on
Q: How to report harassment and negligence by Pope County CPS workers during Eric Dean case?

During the time frame when reports were made about Eric Dean, my family was experiencing harassment from Pope County CPS workers. Amy Bekius, Melissa Freeler, and others were involved in aggressively and relentlessly accusing me and my children of maltreatment due to truancy. How can I report this... View More

James L. Arrasmith
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answered on May 15, 2025

It’s understandable that you’re seeking justice for the treatment you and your family endured, and it's crucial that you take the right steps to hold those responsible accountable. If you believe that CPS workers, such as Amy Bekius and Melissa Freeler, acted with negligence or harassed... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: How can I access my husband's sealed criminal records in Minnesota?

I am the wife of an individual whose criminal records are reportedly sealed. Our children are interested in accessing these records. I am unsure which penitentiary he is currently located in. How can we legally access his sealed records or find out his location?

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're facing this. Wanting answers—for yourself and your children—is completely understandable, especially when information feels out of reach. Sealed records and incarceration can make things feel even more confusing and disconnected.

In Minnesota, sealed...
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1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Minnesota on
Q: Judge continuing order past expiration date set by statute

Can a judge arbitrarily continue an existing order that has an expiration date set by statute?

James L. Arrasmith
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answered on May 15, 2025

Your question gets to the heart of how much power a judge really has. When a statute sets a clear expiration date for a court order—like a restraining order, temporary injunction, or protective order—that time limit is not supposed to be extended without proper legal authority. A judge cannot... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Minnesota on
Q: Claiming unclaimed property in MN with missing signature and name change issues.

I am trying to claim $1000 of unclaimed property from an escrow account closed since COVID. However, the state of Minnesota requires a signature from another person who is missing in action since COVID. I also had a legal name change, and most related documents were deleted, although I have a... View More

James L. Arrasmith
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answered on Apr 16, 2025

You are not alone in facing challenges when unclaimed property involves a missing co-owner or outdated identification. When the state requires a second person’s signature, it's typically because the funds are listed under joint ownership, and both parties must consent to the release.... View More

Q: How can I enforce my mother's dietary wishes as her POA in a nursing home?

I am the power of attorney (POA) for my mother, who is currently on hospice at a nursing home. My mother expressed her wish to improve her diet for better survival, and the healthcare directive permits me to make choices on her behalf. Despite this, the nursing home staff, including the nurse and... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have legal authority through the power of attorney and health care directive, and those documents are meant to be followed. If your mother is mentally incapacitated or unable to speak for herself, your direction regarding her care must be taken seriously by the nursing home. That includes... View More

1 Answer | Asked in Gov & Administrative Law and Elder Law for Minnesota on
Q: Do SF 1750 and HF 12698 cause increased costs for MN senior housing cooperatives?

I am a resident of a senior housing cooperative in Minnesota. We have been informed that our monthly assessments will increase due to bills SF 1750 and HF 12698. This change is expected to affect all residents equally and could take effect within a year if the bills pass. Can you provide insights... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, the proposed bills SF 1750 and HF 1268 in Minnesota could lead to increased costs for senior housing cooperatives, potentially resulting in higher monthly assessments for residents.

These bills aim to reform the Minnesota Common Interest Ownership Act (MCIOA), which governs common...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Will an active HRO affect my concealed carry permit background check in MN?

I have an active harassment restraining order (HRO) against me, but I've had no previous legal issues or restraining orders. I'm applying for a concealed carry gun permit. Will the active HRO affect my ability to pass the background check for the permit?

James L. Arrasmith
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answered on Apr 13, 2025

Yes, an active harassment restraining order (HRO) can affect your ability to obtain a concealed carry permit in Minnesota. Under Minnesota law, individuals subject to certain court orders, including harassment restraining orders, are prohibited from possessing firearms for the duration of the... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Procedure for expunging 2 HROs in Minnesota: 1 expired, 1 dismissed. Steps needed?

I am seeking information on the procedure for expunging two Harassment Restraining Orders (HROs) in Minnesota. One HRO has expired, and the other was dismissed. There have been no violations. I need them expunged to ensure a clean background check for employment purposes. What steps do I need to... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Minnesota law, expunging Harassment Restraining Orders (HROs) involves a specific legal procedure that can help clear your record for employment background checks. To begin the expungement process, you will need to complete Form EXP101 - the "Petition for Expungement of Executive... View More

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law, Tax Law and Foreclosure for Minnesota on
Q: Is it fraudulent if the note was securitized and no real loan was made?

I represented myself in federal court and my case was dismissed. I filed forms 1099-A and 1099-OID against the lender/servicer, claiming that the all-caps name on the documents shows I am the true lender and they are the borrower. I argued that the note was securitized and that no actual loan was... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been through a difficult and complex legal situation, especially involving your home and a federal case. While you may believe that securitization of the note invalidated the loan or that your filings made you the lender, courts have repeatedly rejected these arguments... View More

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