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Minnesota Questions & Answers
2 Answers | Asked in Car Accidents for Minnesota on
Q: I hit a pedestrian who was jaywalking in a parking lot, thankfully he wasn’t hurt bad. Is this my fault?
Joel Gary Selik
Joel Gary Selik
answered on Feb 23, 2024

From these facts alone, fault cannot be determined but it was probably your fault.

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2 Answers | Asked in Personal Injury for Minnesota on
Q: My attorney does not respond over yrs this time I sent him four past two weeks with no response at all
Robert Kane
Robert Kane
answered on Feb 22, 2024

Failure to communicate in one of the most common complaints regarding attorney. Complaints against lawyers should be directed to the Office of Lawyers Professional Responsibility, (651) 296-3952.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I am trying to help my client get his license in Minnesota and he h as outstanding DUI's in different states

M client has a few DUI charges in different states and a warrant in a different state. He is trying to get his license in MN and these charges are back 10-15yrs.

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

There isn't really a question posed here, but I would suggest that your client retain an attorney to assist with addressing these issues. There isn't really enough information in this question to intelligently help absent a conversation with the client.

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1 Answer | Asked in Divorce for Minnesota on
Q: My wife and I have been divorced 20 years. Looking at old paperwork I realized she forged my signature on a loan. We had

to file bankruptcy before divorce was finalized. Can I go back to sue her? Jon

Robert Kane
Robert Kane
answered on Feb 16, 2024

Perhaps, but why didn't you notice this in the last twenty years? If you have always known of the loan, it probably much too late.

1 Answer | Asked in Collections for Minnesota on
Q: A bail bonds place put a claim out because I didn't pay

I was in a physically abusive relationship, and during this time, he made me sign the paperwork making me liable for if his cousin skipped bail. I told him know he punch me in the face and said if I didn't do it, it'll get much worse at home. He forced me to go to his aunt's house... View More

Robert Kane
Robert Kane
answered on Feb 10, 2024

Who made you sign the paperwork making you liable if his cousin skipped bail. Unless "he" is the bondsman, you don't have a case against the bondsman.

2 Answers | Asked in Appeals / Appellate Law for Minnesota on
Q: Can anyone tell me what the statute, rule, or authority authorizing the appeal of an OFP would be? Is it Rule 103.03(g)?

I'm trying to appeal a false OFP that was filed against me on my own. The OFP was filed by my abuser in retaliation to me telling someone about their abuse. When the hearing for the OFP was taking place, I was in the hospital, then being transferred from one hospital to another by ambulance... View More

Robert Kane
Robert Kane
answered on Feb 4, 2024

It is most likely (h.) I am not sure if an appeal is appropriate. Did you call the as soon as you were physically able? Good luck.

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2 Answers | Asked in Family Law for Minnesota on
Q: Can I create a document sign it with a notary. Is it a legal doc then
Robert Kane
Robert Kane
answered on Feb 3, 2024

What do you mean by "legal document?" A notarized document is just that, a " notarized document." I can sign my grocery list and have it notarized. That proves I signed my grocery list, nothing more.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a defendant submit a written statement prior to a probation violation hearing?

I completed almost everything required of my probation. I am not quite sure how I will do in court with the pressure. I would feel more comfortable if I can submit something in writing beforehand since the prosecutor and probation officer have substantially more experience in court. I realize this... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 29, 2024

I believe it's possible. But I don't think it would be a good idea. Too risky. A better practice would be to discuss with defense attorney, and have the attorney speak on behalf of the defendant.

1 Answer | Asked in Car Accidents for Minnesota on
Q: After car accident and you was hit and ambulance comes to get you do they have the right to take your boood without cons

I pulled over to the right side of the freeway when it was clearly because I had an car problem I was parked for straight 1 minute and a car showed up and hit me I suffered with dizziness and shock with head pains and the help comes but after the ambulance comes while your dizy do they have the... View More

Robert Kane
Robert Kane
answered on Jan 29, 2024

Is seems more than reasonable to draw blood and remove distractions (cell phone use) when treating a patient.

1 Answer | Asked in Consumer Law for Minnesota on
Q: In April of 2023, my lyfted car that I was renting fr hertz had been stolen along with my cell phone. It was stolen by t

In April of 2023, my lyfted car that I was renting fr hertz had been stolen along with my cell phone. It was stolen by this guy that came over to buy some speakers from my boyfriend. I fell asleep and when I woke up my cell phone and my keys were missing. I went outside and my car was also stolen.... View More

Robert Kane
Robert Kane
answered on Jan 27, 2024

Apparently, your rental car was stolen. You were required have it properly insured. The facts your boyfriend was ran over and your phone was also stolen are irrelevant. I don't know what to say about the vehicle registration. Your insurance company should be addressing this matter.

1 Answer | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Hi I'm being RNM every day by the police. However I want it to stop i can't go to the police cause then I'm crazy.
James L. Arrasmith
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answered on Jan 26, 2024

I understand this is a very distressing situation. However, claiming the police are remotely neural monitoring (RNM) you without providing any evidence makes it unlikely others will take the report seriously. Here are some suggestions that may help:

1. See a mental health professional....
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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was stopped in rural Minnesota, several miles outside of city limits by a city cop and issued a speeding ticket.

My question is can a city cop stop me out of his jurisdiction if he did not witness me speeding in his jurisdiction? I was already through said city and going north away from town and he was heading south towards it. Which means there is no way he witnessed me speeding within his jurisdiction.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 25, 2024

Assessing the validity of the traffic stop is not something that can be done simply based on what you believe occurred. An attorney would need to review the police reports, squad video, body cam, etc. before providing anything resembling a meaningful answer to your question.

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1 Answer | Asked in Divorce for Minnesota on
Q: My husband is fighting me for the house we share because I want a divorce is that fair

He was being abusive and threatening me for awhile until I got a restraining order against him

Robert Kane
Robert Kane
answered on Jan 8, 2024

Your husband may be entitled to an equitable share of the house.

2 Answers | Asked in Estate Planning for Minnesota on
Q: Can one;s power-of-attorny change beneficiary on the principal's 401K?

When I get cognitively impaired (I have Parkinson's Disease), I am positive my spouse would not leave any financials to the children of my first family. She just does not like them.

I asked this question about 2 weeks ago but received no notice that you got it.

Anthony M. Avery
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answered on Jan 8, 2024

Absolutely...You may wish to revoke the POA and appoint someone else to act on your behalf. Consult with a competent MN attorney.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Minnesota on
Q: How can my new husband adopt my daughter who’s been fatherless for 3 years he don’t reach out to her in 3 years ?

He don’t support her in any way he don’t call to talk he don’t reach out to me period my new husband has been there for her how can I get my new husband to adopt her legally

Robert Kane
Robert Kane
answered on Jan 6, 2024

The father will need to consent to the step-parent adoption or you will need to convince the judge to proceed without it. The judge will need more information than just your statement.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Can a person purchase a home anonymously and if so how can ownership be proven?

Our family home, a contemporary in excellent condition, was estimated to be worth 395-425k

At the time of my mother's death Zillow value was 410k The sibling executor of the trust sold the home for 249k to a flipper without conferring with other siblings, or putting it on the... View More

Anthony M. Avery
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answered on Jan 5, 2024

Hire a competent MN attorney to search the title. Then examine possible remedies.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Hello, my Fiancé has a history of a felony. He served all of his time, no parole. Last year he was charged with a new

felony. We drive to court out of state every 2-4 weeks for the past 11 months. He has not missed a court date! The out of state case has not gone to trial, and his attorney is still waiting on full discovery.

A few weeks ago, he was arrested and charged, in our home state with being near a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 4, 2024

Typically, it is the judge assigned to the case that decides whether the conditions of release are going to be modified. His attorney cannot "judge shop" for a more favorable decision from a different judge. Your fiancé has a difficult decision to make here. It seems as if he will be... View More

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1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: My ex has my daughter, she filed child support on me then moved out of state.

County case worker will not hear me out on this fact. How do i go about reporting this fact to the county?

Robert Kane
Robert Kane
answered on Jan 3, 2024

Child support and child custody are related, but separate matters. Relocation is primarily a custody matter.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: So I was pulled over for a dirty license play said was unable to see

But was clearly visible once he was stopped

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 2, 2024

If criminal charge resulted, your lawyer may want to challenge the stop as illegal, depending what the video and other evidence shows. If it's a traffic ticket, I'd first focus on seeking a deal to keep it off the DL record, at least for most clients in the past who've wanted that.

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Elder Law for Minnesota on
Q: Are there lawyers who do pro Bono 42 usc 1983 for non incarcerated vulnerable adults ?
James L. Arrasmith
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answered on Dec 30, 2023

Yes, there are attorneys who may take on pro bono cases involving 42 USC 1983, especially for non-incarcerated vulnerable adults. This federal law allows individuals to file lawsuits against state and local government officials for violations of their constitutional rights.

To find such...
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