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Minnesota Questions & Answers
1 Answer | Asked in Banking and Insurance Defense for Minnesota on
Q: What if a financial insurance accidentally wired you ,$500,000 can you keep it
Tim Akpinar
Tim Akpinar
answered on Apr 21, 2022

A Minnesota attorney could answer best, but your question remains open for two weeks. Until you have a meaningful consult with a local attorney based on all the details of the matter, nationwide, insurance carriers will usually come back to recover their funds upon discovering bookkeeping errors.... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a ticket today and I got accused of speeding but on the ticket the state trooper put that my lic plate

Was expired and it's not. Should I take it to court

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 19, 2022

If a driver who has been cited for traffic violations pays the fine without contesting it in court, that driver loses; will have both a court record and a driver's license record of conviction(s). So the question I would ask is: "Why would a cited driver *not* contest those charges in... Read more »

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I'm defending a DUI, the arresting officers edited the video evidence of the truth and their wrong doing.

How do I handle this and prove it, I have a witness to most of the lies and edited parts left out.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 19, 2022

You get an attorney. There will be an attorney prosecuting you. Don’t fight this battle alone. It won’t be a fair fight.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Im on probation with Hennepin county on a 4th degree intent to sell from 2004.

I've not lived in that state since 2005 I would like to clear it up see if I can get it transferred to Indiana. It did say extradition borderline only.

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 16, 2022

They'll want the fugitive to surrender on the warrant first. Most prosecutors have the attitude that, otherwise, why should they make more work for themselves from a position of weakness?

1 Answer | Asked in Family Law for Minnesota on
Q: Are overnight parenting time visits allowed with infants under the age of 18 months under MN law?

Parents are considering divorce. Dad wants max parenting time. Child just turned 1. Would the courts allow the child to have overnights with dad at his new place while the child is still so young?

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

There is no prohibition on such overnights, so they are allowed. The question is whether they are advisable.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If my ex gets an ofp against me and I have 3 kids, does that mean I have custody and can move out of state? Unmarried

My ex and I broke up after he assaulted me and broke the order after being released from jail. He claims I destroyed his things and moved in with ex and got an order for protection against me. Can I move states with my kids legally? He has domestic abuse charges and drug and alcohol problems. He... Read more »

Corwin Kruse
Corwin Kruse
answered on Apr 15, 2022

Your info says you are in Indiana, so Minnesota law isn’t applicable.

That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Can I get a ticket in the mail from someone other than a police officer in MN?

I was stopped for a few moments in front of the UPS store in the south metro (Dakota County), it was marked with no parking signs welded to a old wheels, and no yellow markings on the curb. An individual approach Me and after a tense conversation he mentioned he was going to take a picture of my... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 12, 2022

The government issues citations, not private citizens. There is no such thing as a private "ticket."

2 Answers | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: Needing advice on what steps to take going further to get my sons license back.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 12, 2022

Call someone directly. Most criminal defense attorneys provide free consultations, but there is no information even provided in the question to be able to provide any answers that would be helpful.

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1 Answer | Asked in Family Law for Minnesota on
Q: Paternity/recognition of parentage/2 possible fathers

If my boyfriend signs my son's birth certificate and the recognition of parentage could the other possible father of my son (who is in prison mind you) make me get a court ordered paternity test taking my boyfriends rights to my son away if the other guys test comes back that he's his... Read more »

Corwin Kruse
Corwin Kruse
answered on Apr 11, 2022

Yes, the other possible father could bring a paternity action. Signing the ROP is not a legal adjudication of paternity.

1 Answer | Asked in Employment Law for Minnesota on
Q: I caught a felony under an old married name, my sentence is up and I’m divorced. Do I still have to use name on job apps
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 10, 2022

This is really more of an employment law question rather than a criminal law question. I’d suggest answering the question in that forum. But I don’t believe that there would be anything illegal about using your maiden name.

1 Answer | Asked in Car Accidents for Minnesota on
Q: Leaving the scene of an accident with passenger and vehicle

Passenger was stuck in vehicle I left the scene for personal reasons

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 10, 2022

Not sure what's your question however if you were the driver involved in an accident, then what you state is probable cause to ticket you for either hit and run or leaving an accident scene or some equivalent. You might have legal defenses to the ticket but the law enforcement would have... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My son is in jail and received discovery and there were 6 dvd's but all but 1 says "no readable content " advise?

Yes he's been charged and no he has no attorney he doesn't know what to do with this discovery

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 9, 2022

You don’t indicate what your some is charged with or if he is represented. He needs an attorney if he doesn’t have one. He should talk to his attorney about this if he is represented.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: How does a second DUI and a test tefusle work I go I haven't plead guilty to a second DUI yet

They can sieze your car for a second DUI with a test refusal how can they do that if u tecnicly one havee one cause u haven't plead guilty to the second one yet

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 7, 2022

Presumably you have the implied consent license revocation from your first DWI on your record. But you certainly need an attorney to address this issue along with all the other issues that accompany a DWI case.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Minnesota on
Q: Pulled over for speeding. Written a ticket for no insurance. Showed him my insurance. Told to send it in and fight it.

The officer took my ID and returned to his car while I looked up my insurance info. He returned with a ticket for speeding and no proof of insurance. I showed him proof of insurance. He said he couldn't remove the ticket because it would be more work and I needed to send the proof in.... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 7, 2022

No, it does not de-legitimize the speeding ticket. The two issues are completely unrelated. There may be a legal issue with the speeding ticket, but this is not that issue.

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Minnesota on
Q: I hit a parked car the other night and fled. I have prior DUIs. How do get car out of impound and avoid criminal charges

I was driving to get dinner 2 nights ago, I dropped my wallet and reached down to grab it, and I grazed a parked car. Minimal damage to the other vehicle, but my vehicle was disabled. There were no injuries. I had a few beers before I drove, and have prior DUIs. If I received another, I would have... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 6, 2022

This is already a bad situation. Don't compound it by falsely claiming that the vehicle was stolen. That isn't going to make things better and likely could result in additional charges for not only hit & run, but also for falsely reporting a crime. The likelihood of getting out of... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: we have no published/signed agreements regarding pto company wide, can my employer legally require me to use PTO?

we have never signed a contract regarding pto nor has a published employee handbook stating pto guidelines been given to me. i am a salaried employee and my time off has never been an issue before as long as my hours are worked at some point or my work is up to date.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2022

Yes. There are no laws that require employers to offer benefits such as PTO, so if your employer chooses to offer it, they can require you use it if you will miss work.

1 Answer | Asked in Trademark for Minnesota on
Q: I make car decals and sell them online. In the advertisement can I say " fits Jeep" in the item description.

I have heard of things being taken down if you mention Jeep but If the item is specifically made for a certain year Jeep then how are you supposed to sell it?? The decals I sell do not use any of their protected logos but just fits certain years due to their shape and location.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 23, 2022

What you describe is known as "nominative fair use" of the trademark or brand, merely to refer to the brand and not to compete with the trademark owner.

Nominative fair use permits use of a trademark to refer to the trademark owner’s goods and services associated with the mark....
Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a Traffic Collision - Failure to Notify Owner of Damaged Property. I got stuck in a road that was a dead end.

The road was a dead end as I tried to turn around I got stuck in the snow. While I was getting my truck out I slid side ways a little into a green power box it damaged my truck I walked after getting unstuck it had a dent but looked fine. Got a call 3 days later apparently it knocked power out for... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 18, 2022

The charge is a misdemeanor because there was property damage involved. You will need to appear in court for this and you should strongly consider getting an attorney - either a private attorney or a public defender if you cannot afford one. You are unlikely to lose your license, particularly if... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: In minnesota does the state have any law or statute regarding crossing the fog line Or local ordances?

In the last 6 months i have heard of a few people that this was given as the primary reason they were being stopped. A good reason to do a quick look or sniff. Thank you for your time.

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 18, 2022

Consider a Driving While Impaired Case. It would begin with a police officer's traffic stop of a driver. The police officer would need reasonable articulable suspicion of a crime, or an observed violation of a traffic law. Either-or both. In the case of crossing the fog line, i have had... Read more »

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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... Read more »

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