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Minnesota Questions & Answers
2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Wrong way down a one way. My mistake. Tesla driver very angry. What trouble can I be in?

It was in a new construction zone. The last time I drove through I didnt have a problem. The road narrowed and curved. I was stuck going the wrong way. I slowed down and let one car pass. Then the next car stopped as I waived him by. He started honking and yelling out his window. The driver... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 12, 2022

The question seems to indicate no charges, at least so far. The description sounds like a potential driving the wrong way petty misdemeanor violation, or a careless driving (in disregard of the safety of others) misdemeanor charge. If charged, that would be a good time to retain a defense lawyer.... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Judge put a warrnt out for pro bat violation for not reporting . I wasn't reporting because I got secret indictment was

Incarcerated at the time and another County so what happens when I go to court on the probation violation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 11, 2022

The violation will likely be dismissed if you can actually establish that you were in custody when you were supposed to be reporting. You cannot be violated if you were unable to comply with probation because you were incarcerated.

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1 Answer | Asked in Domestic Violence and Elder Law for Minnesota on
Q: What happens if someone knowingly violates a TRO.

I live with my grandmother as a caretaker. Over the years my uncle and his wife have caused her significant abuse. He's robbed her of money he owes her, taken her property, stolen from her, broken into her home, damaged her home, and has tried to force her off her life estate. They show up at... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 4, 2022

Violation of a Harassment Restraining Order is a crime and he will likely be charged if the evidence is sufficient to establish probable cause. You've done what you can. Continue reporting violations to law enforcement.

1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: Our dog got loose and went missing. The neighbor beat him to death and hid his body out in the woods.

Supposedly, she said he killed one of her cats. District attorney said we couldn't prosecute because he killed their cat. But this is animal cruelty isn't it?

John Cucci Jr.
John Cucci Jr.
answered on Oct 2, 2022

What a terrible man!

You can sue this dog slayer! If he is poor and has no assets, then it is probably not worth your time. However, you have a year to sue him. Especially if you have sought counseling or other mental health care because of this horrible trauma.

Good luck!

2 Answers | Asked in Domestic Violence for Minnesota on
Q: What if my lawyer failed to submit my defense evidence and now the court will not accept my self defense plea.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 27, 2022

That would arguably be ineffective assistance of counsel. But you should speak with an attorney directly about this issue to figure out next steps.

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1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m been charged with a felony assault charge; and the prosecution is considering reducing charges.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 23, 2022

There isn't a question here. Call an attorney directly to have a discussion about what issues you are dealing with.

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Public Benefits for Minnesota on
Q: Is there a lawyer willing to help me sue a hotel after I was violently robbed and beaten

I had no phone in my hotel room to call 911 and the doors were broken and hotel was really understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You probably have a decent case. Your case would be stronger if you did not know the attackers. When did this happen? There is a statute of limitations that applies to these types of cases.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I am to receive a citation I should by law have to sign the citation I was never asked to sign any citation
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 19, 2022

Long ago in Minnesota, police could ask a driver to sign an acknowledgment that they received a copy of a traffic citation. But even then if the driver did not or refused to sign to acknowledge receipt, it made no difference. Today, Minnesota's uniform citation for traffic violations does... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was stopped for driving on suspended license I was not given a copy of said citation or I never signed said citation

Or asked to sign said citation

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

You are not required to sign the citation in Minnesota so that is neither here nor there. I would imagine that you are going to be mailed a copy of the citation so you should be looking for that in the mail.

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1 Answer | Asked in Criminal Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Minnesota on
Q: Can I sue the hotel after a violent robbery

No phone in my room to call 911 and hotel was understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 19, 2022

Yes.

2 Answers | Asked in Criminal Law, Traffic Tickets and Municipal Law for Minnesota on
Q: I was stopped arrested in my affidavit says a citation was issued I was not given a copy of said citation

Or given opportunity to sign the citation

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

I'm a bit unsure about the question, since some of the terminology used in it may be different than as used by attorneys. A traffic stop alone is not an "arrest." When a driver is issued a citation by a police officer, that is done instead of an arrest, normally. In any event, you... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Who is the person that writes the criminal complaint and where did the information cone from

And what if the person that complaint is about disagrees with it then what?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 16, 2022

A prosecutor typically writes the criminal complaint and the information is generated from the police report. If the subject of the complaint disagrees and is charged with a crime, the defendant can file a probable cause challenge or set the matter for trial.

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1 Answer | Asked in Collections for Minnesota on
Q: I had a conference call today with the courts for a cilvil matter. The plaintiff did not show up for the call.

I am curious as to what happens now.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 13, 2022

It depends. First, this was not a conference call. A conference call is between clients and vendors, partners, etc. This was a court hearing of some kind. It may have been a motion hearing, a status conference, a case management conference, a final hearing, etc. (details matter)

Second, you...
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1 Answer | Asked in Uncategorized for Minnesota on
Q: Hey, I’m curious as to the legality of say a tow truck coming to tow my car as it is a 4 wheel drive

Also, I live in a trailer park which office is closed until Tuesday. I just moved in and the neighbor said to me I’ll be sure it gets towed

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2022

If your question is whether it's legal to tow a four wheel drive vehicle: yes.

2 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: I was being wrongfully accused of trying to kidnap a baby. I spit at a girl and she punched me. Only I’m being charged?

I was knocked down into a wooden barrel and the ambulance had to come. This was at a wedding. The mother of the groom came over and threw her glass of wine on me as I lay there defenseless. I understand that I instigated it by spitting at the girl but she was screaming and telling people that I was... Read more »

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2022

Although you could potentially ask that they file charges against her, what you're really doing is making a report to an officer regarding potential criminal behavior and the prosecutor is left with discretion to charge a crime or not. The issue, of course, is that prosecutors oftentimes will... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I have an idea for a product and has spoken to certain people companies I don't have a patent what can I do to protect m
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2022

Your question remains open for two weeks. You could try reposting under the category "Patents (Intellectual Property)." There's no guarantee that all questions are picked up, but you would have better chances of a response there. Product liability is more about injuries from... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Theft

I have recently found out that Target may not come after you for one theft but wait until you've taken enough for it to be a felony. If I am concerned about this, what can I do? Obviously, I will no longer take anything from Target, but what else can I do? Stay away from Target and hope and... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2022

I've said that one big reason to avoid shoplifting is that a thief can get way with it *most* of the time. And that guarantees that they will eventually get caught, get prosecuted. And this is because getting away with it once increases the likelihood the person will do it again - and so on.... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Is taking my dad hand off of me called assault

He is very proud of the fact that he can push me

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2022

Under Minnesota's criminal statutes, assault is defined as: "(1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another." Whether a criminal assault happened would... Read more »

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