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Minnesota Questions & Answers
1 Answer | Asked in Legal Malpractice for Minnesota on
Q: Is it ineffective counsel if my attorney refused to present any evidence at trial?

There was extensive documentation supporting our defense strategy. He refused to present it. Refused to ask many questions I suggested that would support my innocence. His reasoning always that the prosecution might object. Stated he didn't know what evidence he could use. Discouraged Mr from... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you believe your attorney failed to provide effective representation by not presenting evidence or following a reasonable defense strategy, you may have grounds to appeal your conviction based on ineffective assistance of counsel.

In the U.S., the standard for ineffective assistance is...
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1 Answer | Asked in Consumer Law and Contracts for Minnesota on
Q: I have a rental agreement for two Minnesota vehicles fo pay $75 a month for each vehicle for storage. It have been almos

I have a rental agreement for two Minnesota vehicles fo pay $75 a month for each vehicle for storage. It have been almost 3 years and the owners have paid me for one month only. My storage is in Wisconsin. The owners of the vehicles owe me approximately $4k+ what do I need to do to gain ownership... View More

James L. Arrasmith
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answered on Nov 8, 2023

To pursue ownership of the vehicles for unpaid storage fees, you would typically need to follow the lien sale process outlined in Wisconsin’s statutes. This often involves sending a notice of the lien to the vehicle owners, advertising the lien sale, and conducting the sale in compliance with the... View More

1 Answer | Asked in Health Care Law for Minnesota on
Q: I was fooled into paying for extra healthcare coverage by my ex in the amount of $15,000 over the last two years.

I am a divorced, single mother of three, my oldest went of to college two years ago. I recently read in my decree that once my son become 18, that I was no longer mandated to cover him under my employers health insurance. (I am a school teacher) My health coverage is nearly free but adding a child... View More

James L. Arrasmith
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answered on Nov 8, 2023

As a divorced single mother who has been potentially misled regarding healthcare coverage costs, you have the option to seek reimbursement for the expenses you should not have borne alone. Review your divorce decree and any communication you had with your ex regarding the insurance payments. If... View More

1 Answer | Asked in Public Benefits for Minnesota on
Q: Do I have to pay someone that just starts cleaning my shoes without asking if I wanted them cleaned at a mall
Robert Kane
Robert Kane
answered on Nov 6, 2023

No, if you immediately asked them to stop.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: How do I deal with a small claims lawsuit filed in my old state?

I just dicovered my wife will be receiving certified mail informing us of a small claims lawsuit filed in our old local court in Ohio but we are living in Minnesota now. How should I deal with this since we obviously cannot appear in court?

Robert Kane
Robert Kane
answered on Nov 6, 2023

You should repost in Ohio. Minnesota courts would not have jurisdiction in any aspect of this matter.

1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: Can someone be terminated for be accused of smoking cannabis when they have proof that they were working at the time?
Robert Kane
Robert Kane
answered on Nov 6, 2023

Yes, someone can be terminated for be accused of smoking cannabis when they have proof that they were working at the time. Employers usually don't need a reason to fire someone. Please look up "at will" employee.

1 Answer | Asked in Banking for Minnesota on
Q: My loan is paid of at the bank,but my brother has the lien card. We don't talk. What do I do

I legally can't talk to my brother

Robert Kane
Robert Kane
answered on Nov 6, 2023

I am not sure what your objective is or if other obstacles exist, but I would think an attorney can help.

3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 3, 2023

Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a defense attorney get a report from the bca or is it only the prosecuting attorney that can do that?

I believe the bca lost the evidence but my attorney says he is waiting for the report from the prosecuting attorney. It's been 7 months already. Also they keep asking me if I want to plead out.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 2, 2023

Normally the police and-or prosecuting attorney get reports form the Minnesota BCA lab after they send in a sample for testing. Then after the prosecutor gets the report(s) form the Minnesota BCA lab, they can forward a copy to the defense attorney.

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1 Answer | Asked in Divorce, Banking and Family Law for Minnesota on
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up

When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)

David H. Relkin
David H. Relkin
answered on Nov 2, 2023

He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: My 2 brothers and I all got drug charges stemming from a search warrant. My lawyer insisted on waving my omnibus and pl

Plea. Then the warrant and all the charges get thrown out for brother #2. My other brother is still fighting his charges. If the judge threw the warrant for one of us shouldn't it be throw out for all of us?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 30, 2023

The legal issues are not necessarily the same for all three brothers. The legal issues would specific to each brother's situation. The judge who threw out your brother's case only has the authority to decide the case that is in front of the judge.

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1 Answer | Asked in Estate Planning and Family Law for Minnesota on
Q: Family cabin. Parents passed. Deed transferred to three siblings, 25%, 25% and 50%.

50% sibling died. Cabin was obtained pre-marital. Does widow get 50% or does it fall back on the deed owners.

Anthony M. Avery
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answered on Oct 27, 2023

Hire a MN attorney to search the title and determine ownership. You have not stated the necessary facts.

1 Answer | Asked in Contracts and Construction Law for Minnesota on
Q: owner of small concrete company, summited a bid for a job never agreed to bid so didn't do the job, now they want to sue

we summited a bid, it is stated that if our bid is not signed within the 25 days it is voided. never heard back from them until 30 days later, then we sent a letter saying we were withdrawing from the project. Now they are trying to sue us for 150K. Nothing was signed or agreed upon.

Robert Kane
Robert Kane
answered on Oct 26, 2023

If it wasn’t signed within twenty five days it seems you have a solid defense. Likewise, if nothing was signed or agreed upon you should be in solid ground. Unfortunately, that's all I have to go on. An attorney can evaluate your situation better all the information.

1 Answer | Asked in Contracts, Criminal Law and Traffic Tickets for Minnesota on
Q: Will the fact that Minneapolis PD can no longer pull over citizens for things like expired tabs extend to other cities?

Specifically, will it have an affect on other cities in the same county (Hennepin)?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That will be up to the other cities, but I tend to doubt that all the cities in Hennepin County will adopt the same policy.

2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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1 Answer | Asked in Family Law for Minnesota on
Q: how do i get something off my background?

2017 had a chips case but did everything i was suppose to kids came home but now its costinmg me jobs because it shows up on my background as maltreatment of a minor

T. Augustus Claus
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answered on Oct 24, 2023

To address a past incident affecting your job prospects due to a maltreatment of a minor charge from 2017, consider these steps:

Ensure compliance: Ensure you have met all court orders and probation requirements related to the case. This can bolster your case for expungement.

Verify...
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2 Answers | Asked in Family Law and Domestic Violence for Minnesota on
Q: Duo ofp

Abuser locked me out ruined my belongings and now he's serving me where is my rights as a victim

T. Augustus Claus
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answered on Oct 23, 2023

If you are a victim of domestic abuse or harassment in Minnesota, it's important to know your rights and the steps you can take to protect yourself. You can contact law enforcement to report the incident and document any damage or harm caused by the abuser. Seeking a restraining order, known... View More

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1 Answer | Asked in Family Law and Adoption for Minnesota on
Q: My ex wife and her new husband Adopt my daughter I did Not Give up my parental rights I never received nothing in court

I know that I wouldn’t brelinquish my parental rights For nothing in the world so for this to happen is pretty devastating But more so it’s not right for someone to literally take someone’s child

Robert Kane
Robert Kane
answered on Oct 23, 2023

In most situations, you would have been notified. You can likely contest the adoption.

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Consumer Law for Minnesota on
Q: My life was ruined by a surgeon who lied to me about what happened while I was unconscious. I was poisoned-nearly died.

I have medical records to prove that HE was the trauma that required my 20-plus surgeries. Is there no recourse? Why? Is it because he refused to tell me what happened within the Statute of Limitations (four years)? My hospital records were "missing" and absolute evidence of the wrong... View More

Robert Kane
Robert Kane
answered on Oct 23, 2023

If you expose the truth about what happened to you through social media and autobiography/memoir/literary plays and/or historical fiction you will likely be sued. Be prepared to defend yourself in court. It will be expensive for you. Any publishers will certainly run your allegations by their legal... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Minnesota on
Q: If a city does not have specific regulations on a business, does it default to the county regulations?

My city does not regulate bowling alleys under their ordinances, but the county does. Does that mean that the county regulations apply to bowling alleys within my city, or that no regulations apply?

EDIT: My city is Inver Grove Heights, MN and the county is Dakota. The county regulations... View More

Robert Kane
Robert Kane
answered on Oct 23, 2023

State and federal rules and regulations apply to businesses, including bowling alleys. Then counties and cities may pass their own laws as long as they don't conflict with the State or Federal rules and regulations. There are no bowling alleys that are open for business that are unregulated.... View More

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