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2 Answers | Asked in Bankruptcy and Civil Litigation for Minnesota on
Q: How to get rid of judgment from creditor no longer in business and was unable to notify of chapter 7
James L. Arrasmith
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answered on Dec 4, 2023

If you have a judgment from a creditor who is no longer in business and you were unable to notify them of your Chapter 7 bankruptcy, there are steps you can take to address this issue. First, it's important to gather any documentation you have regarding the bankruptcy filing, including the... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m going to represent myself in a petty theft case today. My plans to just plead guilty. Anything I should say or do?

Any advice on how to go about this? I’ve never represented myself before and would like anybody’s opinion ASAP please

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 28, 2023

There is no such thing as a petty theft. The theft charge is either a misdemeanor, gross misdemeanor or felony. But no theft charges start out as a "petty" theft. I would tell you that a theft conviction is going to have long term consequences for you - especially for employment and... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m going to represent myself in a petty theft case today. My plans to just plead guilty. Anything I should say or do?

Any advice on how to go about this? I’ve never represented myself before and would like anybody’s opinion ASAP please

Sarah Gad
Sarah Gad
answered on Nov 28, 2023

Based on the facts that you provided (that you are a 1-time offender charged with a petty misdemeanor) you won't face jail time. You can just state you plead guilty to take accountability for your, establish a factual basis for the guilty plea (explain to the judge why you what happened and... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.

This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.

I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2023

Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.

This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.

I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More

Sarah Gad
Sarah Gad
answered on Nov 27, 2023

It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an... View More

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2 Answers | Asked in Immigration Law, Criminal Law and Domestic Violence for Minnesota on
Q: My wife got a misdemeanor charge against me for domestic assault. She's illegal immigrant legally married

She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in... View More

James L. Arrasmith
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answered on Nov 23, 2023

In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I received a citation for indecent exposure and on the citation it is not marked to go to a court hearing.

Yet,I received a notice for a court appearance. So for a misdemeanor charge can one pay the fine and not have to go to court? Also the city attorney sent a letter about being booked after my court appearance. Yet, i wasn't arrested just given a citation.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 20, 2023

Most people facing a misdemeanor charge would like to prevent a conviction record. It will require appearing in court, until resolved. To get the best outcome possible, you'll need help from a criminal defense lawyer. So your best next step would be to contact a criminal defense attorney... View More

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2 Answers | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: Can a "witness statement" be used for probable cause to detain? Even if he has an alibi.

Boyfriend charged with 1st degree felony arson due to witness statement but in the second part of her statememt it was proved by firefighters she was wrong.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 19, 2023

I've seen a witness statement used as probable cause to detain. But I have also challenged whether such a witness statement actually supported probable cause, after the detention, in front of a judge. That issue should be evaluated in light of all available evidence and pretrial discovery,... View More

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1 Answer | Asked in Immigration Law and Education Law for Minnesota on
Q: What is the function of an I-20? If the information on my I-20 differs from one on record previously?

Can the US Embassy change information of an international student given his or her I-20 has a different information e.g date of birth, name?

I am a returning student and I am applying for F1 Visa; can I apply with an I-20 that has a different date of birth or name, in the hopes that this... View More

James L. Arrasmith
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answered on Nov 18, 2023

The Form I-20 is a critical document for international students in the U.S. It confirms your acceptance into a study program at a U.S. institution and your eligibility for an F-1 visa. It also outlines your program start and end dates, field of study, and financial information.

If the...
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1 Answer | Asked in Consumer Law and Small Claims for Minnesota on
Q: Stupidly borrowed money to someone on cash app now they won’t pay back can I sue ? 5000+$
Robert Kane
Robert Kane
answered on Nov 17, 2023

Conciliation court seems to be in your future. Perhaps an attorney can assist you in getting your money back with going to court. Even if the attorney is unsuccessful, it will likely help you prepare your case. Some attorneys are affordable; most attorneys are not.

You have to determine...
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1 Answer | Asked in Criminal Law for Minnesota on
Q: I found a phone at casino 4 months ago was gonna turn it in but got in argument with fiance & left casino but realized

& left it in the parking lot now being charged with theft is this legal even though I never kept the phone & I talked with security & was banned from casino for year & told charges weren't being pressed?

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 16, 2023

A person facing a theft charge in court needs help from their own criminal defense attorney. The prosecuting attorney has no personal knowledge, and is prosecuting based upon what they've been told. So, the legal process requires perseverance, patience, and sustained effort over time, in... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I am doing contract for deed. I turns out the seller has not paid the mortgage payments is there anything we can do?

A guy came to the door and dropped off papers not in any envelope or needing any signatures. Asking us to deliver to the sellers of the house stating it’s in foreclosure and being put up at auction

Anthony M. Avery
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answered on Jan 9, 2025

You might start looking for another place to live. It will take awhile for the lender to foreclose and then the new owner will sue you for possession. You could sue your landlord for breach of contract, that is him putting you in exclusive possession. But all your paid in rents are gone,... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: My Work Sex Harassment video! Every perp is White male, victim female (gay or black).Reverse Discrimination. Fix it!!

Discrimination is illegal!! I'm harassed by having to watch the video! How can I go after producer of video not my work place ( they are only complying) for insurance reasons! The Producer should have to make a new non discrimination video . How do I get them to do that? Thanks Scott

James L. Arrasmith
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answered on Jan 7, 2025

I understand your concern about feeling the training video shows bias. While workplace harassment can affect people of any gender, race, or orientation, your options for pursuing action against the video producer may be limited since they created content commissioned by your employer.

If...
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1 Answer | Asked in Elder Law and Civil Rights for Minnesota on
Q: can a nursing home legally open my "mail" before i get it in the state of minnesota.

I recently found out my nursing is opening up my mail from the county i live in to see if there is information they need.

I have not received these letters myself. They have my mail. Two big things happened here to bring this problem to my attention. I am mentally able to take of myself,... View More

James L. Arrasmith
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answered on Jan 5, 2025

Opening someone else's mail without permission is generally against the law. The United States Postal Service has strict regulations to protect the privacy of your mail, and unauthorized access can violate federal laws. In Minnesota, these protections are upheld, meaning that a nursing home... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can they keep my phone

So i was at a friends visiting for a couple nights ,they ended up getting raided and tried to charge me with 5th degree possession because of what was found in house ,not on me ,do they have a right to take and keep my cell phone they took without permission knowing it was mine in Minnesota

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 3, 2025

Asking the question multiple times isn’t going to get you an answer any quicker. The short answer is that it depends. We don’t have access to the police reports, but I would imagine they took the phone for evidentiary purposes and they may be seeking a search warrant to examine the contents.... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Sexual Harassment for Minnesota on
Q: is there a statute of limitations to file a sexual assault on someone when the victim was a child yet is in his early 50

the incident happened like 40 years ago and it happened in a different state then either the victim or perpetrator live now , who both also live in different states themselves.

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 31, 2024

Each jurisdiction mat have statutes of limitations, or statutes limiting legal actions. So, the first thing you'd need to know is likely to be where is someone claiming some wrongful act happened? Once you know that, you could look Statutes of Limitation that might apply and provide a... View More

1 Answer | Asked in Gaming for Minnesota on
Q: Are people sueing online casinos for losses? If so how do you go about doing it ?

I feel like all these online casinos are robbing people because their non stop emails and free spins they know exactly how to lure you in and there are so many everyday ..it’s like a trap and there’s got to be laws on these casinos to help people since so many people get stuck lose all their... View More

Robert Kane
Robert Kane
answered on Dec 28, 2024

Since online casinos in Minnesota are not legal, it would be like suing your meth dealer.

1 Answer | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: If I got a dui while on probation and entered treatment before I could Tell my probation officer will I still go to jail

Misdemeanor probation for disorderly conduct. And I’m trying to contact probation officer but she is on vacation. I seeked treatment immediately after I was released from jail

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 26, 2024

I presume that your probation agent has an email address and/or voice mail. Leave your agent a message or send an email updating her on what is going on. You may be looking at jail time for catching the new DWI, but treatment should help minimize that risk.

2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What does the abbreviations depr on the charge of conspiracy to possess a control substance 1 depr
Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2024

It would help to see the context or example. But perhaps "Depressant or Stimulant."

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Do I have a chance at trial or should I take the deal?

Originally I was charged with finical felony card fraud and a 5th degree possession but they have dropped the fraud charge and are only charging me with the possession because in my discovery they said they have no evidence I committed any crime. I was arrested in a hotel room that was fraudulently... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 19, 2024

In some cases, the real issue is whether the defendant will be burdened with a criminal conviction record or not. If the goal is to avoid a "conviction," discuss way to do this with your lawyer.

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