Lawyers, Answer Questions  & Get Points Log In
Minnesota Questions & Answers
3 Answers | Asked in Criminal Law for Minnesota on
Q: My 16 year old was charged with 3rd degree assault. No priors she is a good kid. What do I need to do??

She recently had a fight after school with a another girl. After the altercation the police interviewed several witnesses and said they will be charging. How can I protect her? What are her legal rights as a 16 year old.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 11, 2020

Assault in the Third Degree is a felony offense. It is very serious and she needs an attorney. At this point, I assume that her case will be heard in juvenile court, but it is hard to know without more information. An attorney can help to protect her rights and to help minimize any consequences... Read more »

View More Answers

1 Answer | Asked in Family Law for Minnesota on
Q: follow up question

father has been ordered to pay child support, does that take away the presumption of paternity?

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

If a father has been ordered to pay child support, that would indicate that he was either married to the mother or adjudicated the father. Presumption of paternity would no longer apply unless another man is challenging the paternity.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Question concerning. ROP.

If a ROP is signed by the farther at the time of birth, does that off set MN law that states, a unmarried mother mother has sole rights to the child

Thank you,

Fred Prescott

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

No. The ROP creates a presumption of paternity, but if the parties are unmarried, an adjudication of paternity is still required for paternal rights.

1 Answer | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Minnesota on
Q: Can a healthcare provider or system be held accountable for harm caused by not treating someone or finding a new doctor?
Tim Akpinar
Tim Akpinar answered on Feb 10, 2020

It's possible they have provisions in their policy that covers them for changing the availability of health care providers to cover themselves for the contingency of participating physicians exiting their plan. They could also have provisions that place part of the responsibility on patients to... Read more »

2 Answers | Asked in Domestic Violence for Minnesota on
Q: if i was woke up to my girlfriend yelling and throwing stuff

was woken to girlfriend yelling throwing my stuff. jumped up and grabed the back of her neck to retrive my phone before she threw it. then right away went and got dressed to leave as she called police. what can i do?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 10, 2020

You need to get an attorney on board ASAP. Police will likely be investigating you for an allegation of domestic assault. This is a serious offense that you should not handle on your own. You should have representation prior to making any statement to law enforcement.

View More Answers

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: Is there a case if a stem cell treatment for a shoulder & neck wasn't successful? Out of pocket expense was $13,000!
Tim Akpinar
Tim Akpinar answered on Feb 9, 2020

From the brief facts at hand and the words "not successful," the extent of your damages is not clear. As a general matter, to establish a valid case for medical malpractice, a plaintiff would essentially need to demonstrate injuries stemming from breach of duty of a medical professional. As a... Read more »

2 Answers | Asked in Bankruptcy and Civil Litigation for Minnesota on
Q: I am being sued for 2900 plus lawyers fees. I work 2 jobs and only make little money what are my options bankruptcy.

Lawyers are Messerli & Kramer PA i have to respond in 21 days I cant afford this and i am in debt for 20,000 i am in college and trying to change my life can you help me. What do i do now.

Marie Martin
Marie Martin answered on Feb 7, 2020

I would strongly recommend meeting with me or another bankruptcy attorney asap to figure out whether filing for bankruptcy relief would be a good fit for you. Bring the complaint with you to discuss it.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: I got a sentencing had a lawyer hired which he sucked but 1 of the requirements of the sentencing was to have a Phyc ev

Phyc evaluation done by a certain date got a appointment set up went and was required to pay $3000 for evaluation. Don't have the funds what should I tell judge

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 7, 2020

Not sure what your attorney has to do with this. Reading between the lines, it sounds as if you likely have to get a psych-sexual evaluation based on the costs. You could certainly have the evaluation done through probation which would be less expensive. The recommendations through that exam are... Read more »

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: My daughter recieved a speeding ticket, 39in a 30 on Sept 27, 2019, finally recieved a notice to pay today.

Since its From 4 months ago does she still have to pay, on the ticket shows it shows it must be paid in 30 days, but it wasnt even filed until Jan 13.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 6, 2020

Yes she has to pay it. The fact that there was a delay in issuing the ticket is not a defense.

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: I have been sentence for a certain day but wondering who do I talk to about other inmates that dislike me

I want to be able to recieve good time and not have to do the full sentence because there's people that dislike me

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 4, 2020

You won’t lose good time because other inmates dislike you. Keep your head down and stay out of trouble.

View More Answers

1 Answer | Asked in Bankruptcy for Minnesota on
Q: If want to file Chapter 12, but have $400,000 on hand with our name, a landlords name, and the bank's name on them.

and want to give it to the bank for paydown, will it count when figuring the total debt if we sign them over to the bank. The landlord would still need to sign off. Let them fight it out.

Timothy Denison
Timothy Denison answered on Feb 3, 2020

Chapter 12 is farmer reorganization. If filing a Chapter 12, they are very complicated. Consult a competent Chapter 12 attorney immediately.

3 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Daughters coworker assaulted her at work. What can we do?

Several weeks ago my daughter (17) was shoulder-checked hard and intentionally by a coworker (30s) who was upset with her. She told her managers but nothing was done. She didnt report it to anyone else as she feared getting fired (the coworker is friends with the boss). She has recently quit that... Read more »

William Bailey
William Bailey answered on Feb 1, 2020

If she wants to pursue charges reporting it to police is the way to go. If you are thinking about a civil suit... what are the damages?

View More Answers

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Minnesota on
Q: receive no insurance ticket in Minnesota, on probation for dui currently should I fight it?
William Bailey
William Bailey answered on Feb 1, 2020

A common condition of probation for a DWI is that you not have any driver’s license or insurance violations. This ticket could result in a probation violation. I recommend having an attorney assist you to minimize the consequences of this ticket.

View More Answers

2 Answers | Asked in Immigration Law for Minnesota on
Q: Hello, i have a Master hearing today, so i was wondering because i don't have a lawyer yet. Must i have lawyer today?
William Bailey
William Bailey answered on Jan 29, 2020

You never have to have a lawyer, just like you don't need to have a doctor to do surgery. You will probably get better results if you have a professional, but you can try to do it yourself.

I would recommend getting an attorney ASAP. If you are in deportation proceedings you are at risk of...
Read more »

View More Answers

1 Answer | Asked in Elder Law, Estate Planning and Probate for Minnesota on
Q: Need a lawyer for neglect and Financial Explotation of vulnerable adult. He's his own gaurdian, but needs advocate.
Corwin Kruse
Corwin Kruse answered on Jan 27, 2020

You will need an attorney who specializes in Estates, Trusts, and Probate.

1 Answer | Asked in Federal Crimes for Minnesota on
Q: in Ted Bundy's court cases and trials, how was he able to represent himself and get so well known and favored for it?

What were his arguements and how did the court proceed to convict and order his penalties?

William Bailey
William Bailey answered on Jan 26, 2020

This site isn’t designed to substitute for that kind of research. There is plenty of information on bundy available on the web for you to read up on.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Minnesota on
Q: Why does this need to be read without consultation concerning the underlying issues that have not yet been addressed?

I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... Read more »

William Bailey
William Bailey answered on Jan 24, 2020

It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I received a stay of adjudication for my disorderly conduct back in 2017.

I complied with all requirements yet my public record still states that I was convicted and is preventing me from renting and finding work.

William Bailey
William Bailey answered on Jan 24, 2020

If the case really was resolved with a stay of adjudication and you completed probation successfully, a conviction should never have been entered. Sounds like there may be an error by court staff. You should have a lawyer help you get this corrected.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If my rights to my youngest child were involuntarily terminated, does that also terminate my rights to my previous two?

I have a son who's gonna be 15 in July, and a daughter who is 10, with one woman. After we separated, we managed to agree to visitation, and custody, without going to court. She has had physical custody of both of them for the last few years. During that time I had another daughter who just turned... Read more »

Corwin Kruse
Corwin Kruse answered on Jan 22, 2020

Termination of rights to one child does not terminate rights to other children.

You indicated that you and the mother have "separated" and agreed to custody and visitation. Were or are you married to one another? If not, you have no enforceable parental rights unless you go to court, are...
Read more »

1 Answer | Asked in Personal Injury for Minnesota on
Q: Misdiagnosis for breast cancer

I had a perpetual cough for over 3 months and i was diagnosed by my doctor as having nothing, no tests. Just this week, after over 6 months i was diagnosed with breast cancer. They did not do any tests for my earlier coughing symptoms. Can i sue for malpractice?

Tim Akpinar
Tim Akpinar answered on Jan 20, 2020

That's a question a Minnesota medical malpractice attorney could best answer, after gathering and reviewing additional information. Your question remains open for two weeks; at this point, reach out to Minnesota med mal attorneys for a consult. Most practitioners provide free consults in these... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.