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Minnesota Questions & Answers
2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Received a minor out-of-state traffic violation while under supervision for another ticket from my home state.

In December, I got pulled over for speeding in my home state (Illinois) and received court supervision for 180 days along with paying the ticket. I had to attend traffic school, to which I completed, and after 180 days the citation would be lifted from my record. In March, I moved to Minnesota and... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 7, 2021

I would suggest asking about this in an Illinois forum. The judge in Minnesota doesn't have any authority to decide how this will effect things in Illinois. An attorney in Illinois can best answer what your best approach to handling the MN ticket will be.

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Do you have to buy out an ex from a martial home or can he give you his half?

My husband and I separated in October. He moved out and got an apartment. I am working on finding an attorney to get the divorce moving, but due to finding out I'm also pregnant has made that difficult. I would like to get the ball rolling and get the divorced finalized.

Corwin Kruse
Corwin Kruse answered on May 6, 2021

The two of you can divide property pretty much any way you wish (within reason). There is no requirement that one party “buy out” the other’s share of a home, or that property division be equal.

Generally, one party might take other property (stocks, retirement, etc) in lieu of...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a 14 year old go to juvie for criminal mischief
Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 6, 2021

There is no such crime innMinnesota as criminal mischief.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Car title chaos

I bought a car from a guy for $3200 and the title was not his name but it was signed and he has a vehicle he told me that he just wanted to get the brakes fixed and he would bring it back later I still Held the title signed over by the owner but I did not have a vehicle and I found out the guy who... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 1, 2021

Get the advice of an attorney. Law enforcement isn’t there to help you. Don’t talk to them until you’ve spoken with a defense attorney.

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1 Answer | Asked in Family Law for Minnesota on
Q: Non biological father but he wanted to be on the Ruth certificate but now has been a year and he isn’t around the kids

Anymore does he still have to pay child support even if he isn’t the biological father but he wanted to be in the birth certificates of both my children

Corwin Kruse
Corwin Kruse answered on Apr 30, 2021

Simply being on the birth certificate is insufficient to establish legal paternity. No child support would be ordered without an adjudication of paternity.

1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Sexual Harassment for Minnesota on
Q: Hello! Should I press verbal assault charges against a security guard who verbally threatened me, “banning me” tryin

Thank you!! I have had no interaction that provoked it besides me shaking my head. He is attempting to ban me from a hospital when I did not initiate any encounter with him, and he stormed up to me demanding the I know who he is and I better not mess around with a man like him, I have no idea what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 27, 2021

You can't "press charges." You can report the matter to law enforcement. They will make the decision if charges are appropriate.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Can they force me to testify in a domestic case? If I don't show or testify would the case be dropped?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

Yes, they can force you to testify via a subpoena. A warrant can be issued if you do not show up to testify. It is impossible for anyone on here to answer intelligently whether the case would be dropped if you fail to show or don't testify. The prosecutor makes that decision and the... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If a subpoena was mailed to me. Will I be held in contempt for not showing up? How do they know I even received it?

Do not want to testify if I am subpoenaed and would like to know what options I have.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

Typically a subpoena needs to be served on your personally or to another adult residing at your home.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If I am subpoenaed to testify and am the victim in a domestic case can I refuse to testify or can I plea the fifth?

I do not want to testify I do not want this case to happen but I don't know what I can do to get it dropped.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

You can attempt to plead the fifth. But ultimately, you will likely be given immunity which means that you no longer have a fifth amendment right to remain silent. As a result, you could be held in contempt if you refuse to testify. Being held in contempt would likely mean that you would be held... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: If I'm the victim of a domestic but want to recant my statement how can I do that?

I feel I was miss understood by the police and because I was miss understood my ex is being charged with something he didn't do.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

You can't certainly contact either law enforcement or the prosecutor to address this issue. In all likelihood, your initial statement to law enforcement was audio recorded, and perhaps video taped as well via a body cam. So there should be an accurate recording of your statement. You... Read more »

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1 Answer | Asked in Personal Injury for Minnesota on
Q: Is a college liable for putting my daughter, alone, in an off campus house with a gas leak and no sense of smell?

She was put in a house alone, with no supervision when tested positive for covid. She could not smell anything, but heard a sound emitting for the stove. She called security and they came and supposedly turned off the gas and told her she was safe now. I got there an hour later and was amazed at... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2021

A Minnesota attorney could advise best, but your post remains open for two weeks. I'm sorry for your daughter's and your family's ordeal. They could be liable - it depends on the level of responsibility they assume for off-campus housing (or the level of responsibility they disclaim... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it proper for prosecutor to enter NG plea when not in open court and where all talks were off the record?

Petty traffic case. Remote hearing (arraignment) takes place. Pros offers a plea and I decline. Pros then instructs clerk to schedule for trial. I never said that I would plead NG, nor did I refuse to enter a plea. I presumed I would have a hearing before a judge to do this, but it has been entered... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 24, 2021

Nothing here was improper. It would be typical, particularly in a petty misdemeanor, that you wouldn’t necessarily enter a not guilty plea in front of a judge. It is a procedural step and the failure to do so isn’t a significant error.

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Minnesota on
Q: I learned that i techinacally do not need a license since i have no waived my rights. what do i do if i get pulled over.

I learned that if i get a licience that means i am waving my rights and that i must follow all laws in my state related to using and obtaining my vehicle. I dont want to get license because i want to keep my rights. I know i have the right to travel and by obtaining my license i will loose that... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 22, 2021

You cannot legally drive without a license. So you will get ticketed, fined and perhaps even jailed if you drive without a license, especially if you do so repeatedly. Otherwise you can get a license and drive legally.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I put a sticker on a divided highway sign and got a citation with a mandatory court appearance. What should I expect?

I have some speeding tickets in my past but nothing too serious on my record. Will I get jail time? I’m hoping just probation or paying a fine.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 20, 2021

It’s impossible to answer without knowing more. What specifically are you charged with? Do you have anything other than speeding tickets on your record? Where are you being charged? Contact an attorney directly.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: How much jail time for my first DUI

The first time I’ve heard of jail time for the first DUI. In regards to this matter

William Bailey
William Bailey answered on Apr 17, 2021

Nobody can answer this. Call a lawyer if you want to know.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was released on a ROR but no conditions set but to show up for my first court date
William Bailey
William Bailey answered on Apr 17, 2021

Sounds like you’re looking at jail time. Do you have a question?

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: Is it a DANCO violation if my Ex (the victim) comes to our child exchange I did not know she was going to be there.

There was supposed to be a third-party to do the exchange she canceled the third-party and showed up herself then called the police. I gave her our child and left right away

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 13, 2021

It is your obligation to leave immediately if you see the protected party whether you expect to see her or not. It sounds like you attempted to do that. Get an attorney on board immediately to fight this.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over with multiple other vehicles by one trooper and ticketed for going 75 in a 65, but I wasn't speeding.

I have contested this ticket and the court has sent me the video of the incident. It does not show how fast anybody is going and in the audio the trooper is heard saying that everyone was speeding and we were traveling in a pack, which is false. In the video you see the trooper pull over a truck... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 12, 2021

It is sufficient if the judge believes that the trooper’s word constitutes truth beyond a reasonable doubt. The trooper could certainly consider evidence that you were driving as fast as the truck if he clocked the trucker and the other vehicles were right behind it.

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1 Answer | Asked in Copyright for Minnesota on
Q: I created a painting inspired by a NASA image (not a copy). If I sell it, is this copyright infringement?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 12, 2021

You may be in luck.

Check NASA terms of service and if NASA is the ultimate owner of the images.

In general, check NASA terms, most of the content from federal government agencies is freely available to the public.

Consult with an attorney.

1 Answer | Asked in Criminal Law for Minnesota on
Q: An of duty task force officer noticed my truck in a restaurant parking lot he waited until me and two others came out me

My friend and I left his car there and went to his place to look at chain saw his roommate had for sale .. we were there about an hour we left there and went back to his car leaving his place there were cops around the corner like they were waiting for us . The off duty guy said later that he... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 10, 2021

No question stated here, but presumably the thought is "what can be done?" It's time to get a good criminal defense attorney, with drug case experience, on board. From the description, it may be that a pretrial motion attacking search and seizure should be considered, after all... Read more »

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