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Minnesota Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: If you signed a lease but now are being asked to sign a revised lease does it void the previous lease?
Tim Akpinar
Tim Akpinar
answered on Oct 22, 2023

A Minnesota attorney could advise best, but your question remains open for three weeks. Under textbook contract law, a signed contract is a done deal, subject to exceptions. But since your contract is a lease, a landlord-tenant attorney should advise. Good luck

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can you be charged and convicted of a felony without knowing or ever having to appear in Front of a judge?

I've got police report of the situation but only cause I got it myself from the district attorney 2 years later. Once I discovered the charges when I ran my own background check. Until then I was unaware I was charged and not to mention convicted of these charges. How is this possible?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 22, 2023

No, you cannot be convicted of a felony without having appeared in Court unless things were handled remotely via Zoom hearings.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Ofp

If the petitioner stops at say a gas station and is unaware the respondent is there, is it up to the petitioner to leave immediately? I have an ofp on my ex and he has it in his mind that that if he is there first I must be the one to leave. (I have to fuel up at this station for work) Ofp states... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2023

A family court "Order for Protection" (OFP) restrains only one of the two parties, upon pain or arrest and criminal charge for a violation. An OFP restrains the Respondent not the Petitioner. But in the event of mutual OFPs, both parties could be restrained. Read the OFP itself for clarification.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: I submitted the USCIS's AR-11 change of address form online yesterday, and I still haven't received the AR-11’s ….

confirmation number email.

2- What is the difference between the AR-11 confirmation number they send you by email and the acknowledgment letter with the AR-11 number they send you to your new address?

James L. Arrasmith
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answered on Oct 22, 2023

It's not unusual to experience a slight delay in receiving an email confirmation after submitting the AR-11 form online to USCIS. The email confirmation number serves as an immediate digital acknowledgment that your change of address form has been successfully submitted to USCIS. It's a... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: I submitted the USCIS's AR-11 change of address form online yesterday, and I still haven't received the AR-11’s

confirmation number email.

2- What is the difference between the AR-11 confirmation number they send you by email and the acknowledgment letter with the AR-11 number they send you to your new address?

James L. Arrasmith
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answered on Oct 22, 2023

It's not uncommon for there to be a short delay in receiving confirmation after submitting the AR-11 form online. The confirmation number you receive by email is primarily for immediate acknowledgment that USCIS has received your online change of address submission. It provides a quick... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: What is the legality regarding lap dances in Inver grove heights, MN?

I am very confused by the laws concerning this. I have seen some people classify it as violating prostitution laws, others say that it violates obscenity laws. Still others say it is legal. If a dancer is doing light grinding on a patron, and the patron is fully clothed, does this violate any laws?... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 21, 2023

It's probably a bad idea to do it if you are questioning it's legality. Perhaps the best thing to do is to avoid getting a lap dance where the dancer is "lightly grinding" on you.

1 Answer | Asked in Criminal Law for Minnesota on
Q: Basic ofp order question.

If the petitioner stops at say a gas station and is unaware the respondent is there, is it up to the petitioner to leave immediately? I have an ofp on my ex and he has it in his mind that that if he is there first I must be the one to leave. (I have to fuel up at this station for work) Ofp states... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 20, 2023

Other way around. An "Order for Protection" ("OFP") in Minnesota will have a Petitioner and a Respondent, the two parties in the case. The only person who can be arrested and charged with a crime for violating the terms of the OFP, will be named in the OFP, and typically that... View More

2 Answers | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: Is it illegal to moan at strangers in public in Minnesota? Not at children or anything just adults
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 15, 2023

Without context, there is no meaning. And this question seems like it might come out of some context, though it's missing here. I don't know of a criminal law specific to moaning. But you could take a look at Minnesota Statutes 609.72, Subd. 1 (3) "Disorderly Conduct."

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1 Answer | Asked in Constitutional Law for Minnesota on
Q: In a Non-Stop & ID State is there a legal difference between Traffic Stop and Rolling Terry Stop in terms of refuse ID?

Person(s) were filming a local library from a public sidewalk. Individual called police for suspicious person(s) filming. By the time police arrived person(s) had entered parked vehicle. Person(s) asked police if their were any traffic code violations or if the stop was solely for suspicious... View More

James L. Arrasmith
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answered on Oct 15, 2023

Under the Fourth Amendment, citizens are protected against unreasonable searches and seizures. The Terry Stop doctrine allows officers to stop and briefly detain a person based on reasonable suspicion of involvement in criminal activity.

However, in states that aren't "Stop and...
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1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law for Minnesota on
Q: Dear all, Hi Can I travel outside USA with my greencard and my home country's passport? I was admitted as a refugee

Just wanna know if it's must to use 131a refugee travel documents or I can proceed with green card and passport from my home country

Thanks

James L. Arrasmith
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answered on Oct 15, 2023

If you have a green card, you generally can travel outside the U.S. using your green card and the passport from your home country. However, as a refugee, there's a risk when traveling with a passport from the country of claimed persecution. If you use that passport, it may be viewed as... View More

1 Answer | Asked in Divorce for Minnesota on
Q: How are Motion for Temporary Relief hearings conducted?

I am filing a motion for temporary relief. The divorce papers are filed in Minnesota but I live in another state so it would be a hardship for me to attend the hearing.

Robert Kane
Robert Kane
answered on Oct 13, 2023

If it isn't a remote hearing, you can request one.

1 Answer | Asked in Small Claims for Minnesota on
Q: So I have been talking to a woman and she started asking me to borrow her money so I did but I put emphasis on the

Borrowing part but it’s been since may and she keeps telling me her bank won’t release the funds unless I pay to get them transferred which I have done and have many messages clarifying that I needed it back and a time frame in which I needed it now she won’t pay me back she just keeps asking... View More

Robert Kane
Robert Kane
answered on Oct 12, 2023

This appears to be a scam. Contact law enforcement.

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Minnesota on
Q: how to find Law Firm who wrote the Patent"
Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 12, 2023

The name of the firm that is on the issued patent is not always the firm that wrote the patent application as sometimes the patent application moves from one firm to another during the time that the application is pending (such as when a company is sold or even when just the patent application is... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I was charged and appointed public defender. State attorney filed to have a certain judge removed from my case . I was

Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 12, 2023

Did you admit to the violation? Was there an agreement as to the sanction? If so, then you would simply receive the same disposition in front of a different judge. Otherwise, the case could be set in front a different judge for a formal probation violation. But I don't believe that this... View More

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1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Minnesota on
Q: In my Townhome who is responsible for deck repairs and even replacements
T. Augustus Claus
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answered on Oct 10, 2023

In Minnesota, whether the townhome association or the individual unit owner is responsible for deck repairs or replacements typically depends on the terms of the association's governing documents, like the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws. Often,... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Does MN State law require you to be notified of a traffic citation that was e-filed? Never received anything in mail.

My 16 year old son received a notice of late payment from the MN Court Payment Center for a citation that was issued over 30 days ago. I called the police department and was told the citation was e-filed. Went to the state court records online and verified that the citation was e-filed. We never... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 10, 2023

One of the courts' most important jobs is to ensure that each citizen enjoys their constitutional right to due process. Due process includes procedural fairness; and the right to notice and an opportunity to be heard, by a fair and neutral magistrate. In general, the more the government... View More

1 Answer | Asked in Business Law for Minnesota on
Q: A company that does concrete work evidently changed its entity LLC business name before being sued.

I sued the new entity as its the same work and business as whatever the old one was. They’re saying I filed against the wrong business but the owner is the same guy. Do I still have a case if he changed the entity and the work done was under the old one? I don’t know the old entity. Only the... View More

John Michael Frick
John Michael Frick
answered on Oct 9, 2023

Formal business entities like corporations and limited liability companies are separate and distinct individual entities. The fact that they have a common owner does not change that. It’s like saying you should be legally responsible for something your brother did because you have the same... View More

1 Answer | Asked in Child Custody for Minnesota on
Q: Custody battle: co parenting class proof from mom was emailed in with evidence in may and they just today saw it

I have a friend who is in a custody battle and both parents had to take a co parenting class and provide prof. My friend emailed her proof of class and important evidence in may. Today she received a letter saying neither party have done it. She called and told them she sent it in and found out... View More

Robert Kane
Robert Kane
answered on Oct 6, 2023

I am sorry, but you don’t provide enough information. Who is "they"? Why didn't she bring a copy to court? Did she even have court? She apparently needs help, but I don't know where the case is at.

1 Answer | Asked in Divorce for Minnesota on
Q: Divorce case with house that was an inheritance.

My brother And his dad got his grandmother's house after she had passed. (Stated in her will) he then in turn had to buy out his father's half from him. yes it went though the court system for this. There is a loan on the home now under he and his soon to be x wife due to this. She moved... View More

Robert Kane
Robert Kane
answered on Oct 5, 2023

The house appears to be martial property, the inheritance is no longer relevant. Other factors may provide for another classification.

1 Answer | Asked in Child Support for Minnesota on
Q: Me and my girlfriend are going to have a baby. We are going to be living together. Will I have to pay child support

We won’t be married but will be living together . And do plan to marry in the future

Robert Kane
Robert Kane
answered on Oct 5, 2023

Will anyone be receiving government assistance?

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