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Minnesota Questions & Answers
1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Is there a length of time the state of Minnesota, anoka county specifically, has to collect a fine if I dont pay it?

I went to get my Florida drivers license but was refused because of a fine that went supposedly unpaid from 2011, 8 years ago. But I was issued a license from Minnesota and traded it for Texas when I moved. 7 years later, Florida wont licence me because of an old fine.

Thomas C Gallagher
Thomas C Gallagher answered on Aug 19, 2019

I'm not aware of any legal time limit. There might eventually come a time when they let it go. Maybe. But generally if one state revokes or suspends a drivers license,that driver won't be able to get another in a new state; until they clear it in the original state. If it were me, I'd need to... Read more »

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: My sister aka executer of my dad's will is not giving me my portion dad has a pension in one account for $35k and $35k

In his personal bank account. She said that in a few years when she is in a lower tax bracket then she would give it out. Nothing went to probate and has done not followed thru with her fiduciary duties. He passed in 2017. Can creditors come this late collect any monies?? This has been difficult... Read more »

Joshua Damberg
Joshua Damberg answered on Aug 15, 2019

This question should be reviewed in detail by a probate attorney. The largest issue here is probate assets versus non-probate assets. While your sister may be the Executor of the Will, this only extends to probate assets (or assets in your father's name alone with no beneficiary designations when... Read more »

1 Answer | Asked in Estate Planning for Minnesota on
Q: I am presented with receipt and release to release the executor. I don't trust her. Do I have to sign?

I don't have a formal complaint. But what if I find out months after I sign that she stole from the estate?.

Joshua Damberg
Joshua Damberg answered on Aug 15, 2019

Prior to signing a receipt and release of the Executor (or Personal Representative), a beneficiary of the estate has the opportunity to review a detailed accounting of the estate. An accounting should set forth the probate assets and the payments made by the estate. These payments can include... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: can I a 16 year old tell someone who is a bad influence to my mother and siblings to stay out of the house?

So I'm 16 and my mom has a vary abusive boyfriend (not physically) and he just threatened to and I quote "ring his little neck. " (my brothers 18 and hes 31) is it possible to get him out of the house for good?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 12, 2019

No. You cannot tell him to stay out, but you could certainly apply for a harassment restraining order or order for protection if one is warranted. That would be your best avenue to keep him out of the home.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: In MN, if you plead guilty on advice from attorney, can you file an appeal / post conviction?

The person did not commit the crime, it was told to tak the plea, admit guilt to avoid going to trial and chance being sentence longer. Can the person file an appeal or a motion for post conviction

Thomas C Gallagher
Thomas C Gallagher answered on Aug 10, 2019

Yes, it's possible though such an appeal motion maybe time barred if not made soon enough. Under most circumstances, a court will not allow withdrawal of a plea or a new trial after a plea. But it would depend upon the facts of the particular case.

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: My son (28 yrs old) was in an accident and was mailed a ticket for failure to yield to right away.

The box was checked endangerment of life and/or property He was turning left on a flashing yellow arrow and did not see the vehicle coming the other direction. He was clearly in the wrong. Both vehicles involved are commercial motor vehicles. The other driver was taken by ambulance and... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 8, 2019

If you look at the Register of Actions for the case on the Minnesota courts website using the citation number or court file number, you'll likely see that it's a misdemeanor criminal charge. Some traffic violations are charged as crimes. The maximum penalty for a misdemeanor is 90 days jail.... Read more »

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1 Answer | Asked in Family Law for Minnesota on
Q: Can a predatory offender, that has to register for life, get unsupervised visits with their children?

I am going through a custody situation, after having child support raised. I was given sole legal and sole physical custody in 2011. I had child support raised in December 2018 and a month later I was served with custody papers. My daughter is 9 and her Biological dad is a registered predatory... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 7, 2019

You should get an attorney who cares about your daughter's safety - and pronto.

1 Answer | Asked in Sexual Harassment for Minnesota on
Q: My 11yr old son sexually touched my 5yr old niece he is going to have court and I don’t know what to do.

I understand he did wrong but he is only a child too and I’m scared of what the court decides. I feel like I need a lawyer maybe?

Lucas Wynne
Lucas Wynne answered on Aug 7, 2019

Juvenile delinquency proceedings in Minnesota are similar but different from adult criminal proceedings. The basic procedure (discovery, plea bargaining, trial, etc.) apply, but younger juveniles often have better opportunities for rehabilitation and to avoid future problems. But to get a fair... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: can you be arrest for not sign a ticket in Minnesota and why?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 2, 2019

This question is awfully vague and consequently cannot be answered intelligently. Can you provide more information?

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2 Answers | Asked in Trademark for Minnesota on
Q: TM search & no results, google search showed 2 others with Instagram accts w/ same name

The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct. The other... Read more »

John Martin Hilla
John Martin Hilla answered on Jul 31, 2019

Respectfully, you seem to be seeking the assurance of an attorney that your proposed trademark is "safe" for purposes of a trademark registration application without actually hiring or paying for an attorney--and without disclosing what that proposed mark actually is.

You are not going to...
Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Son driving my car in MN Pass lane, didn't know the transponder was off. Stopped and ticketed. Options to contest?
Thomas C Gallagher
Thomas C Gallagher answered on Jul 31, 2019

I would try to determine if this is a violation that could trigger a license revocation (if too many within a year, for example), or an increase in insurance rates. If so, I would set a goal of keeping it off my driver's license record. The way to do that is through the court - by preventing a... Read more »

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1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: Explain child support a bit more in depth; like what would child support cover? Would rent count as being covered?

Or any other bills in the household that he doesn’t live at be counted?

Corwin Kruse
Corwin Kruse answered on Jul 31, 2019

Child support in Minnesota is set by statute. If you google Minnesota Child Support Calculator, you can input your information and get a presumptive child support amount. The court can deviate, but needs to explain why if it does so. Basic child support is meant to be a contribution to basic... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: How do I initiate a court hearing to take care of a warrant without turning myself in?

Need to set up a court hearing without turning myself in. Case is in MN, I reside in SD and have absolutely no way there. I was “formally charged” by complaint warrant for a crime I did not commit. I have stable job, stable home, and have absolutely no way to get to MN to even do such as I... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 30, 2019

Your only option is to get an attorney on board. But if you are innocent, the matter will likely require a trial. That means coming back to MN.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: What is the fastest and nicest way of divorce and child custody?

My husband goes back and forth telling me that he wants the nicest divorce and child custody but the next time it is brought up that he will drag out the divorce the longest and expensive way as possible. Is there a way to get it done fast and nicely as possible, when he is against getting advice... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 29, 2019

"Fastest and nicest" is a pretty subjective goal. More importantly, fastest and nicest may not be "best"; rather it may simply be agreeing with everything that the other person wants. As a SAHM, you would potentially receive some level of spousal maintenance. In addition, you could ask that your... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: I need help regarding an unlawful Detainer I need to file. I want to know what to say or not say in court.

I have someone who lives above my garage. I gave him thirty days notice to vacate. I'm tired of his drunken behavior. He has not even packed. He is waiting to see what I do. I want to file an unlawful Detainer. I want him out.

Thomas C Gallagher
Thomas C Gallagher answered on Jul 27, 2019

This is not a criminal law question. It is a landlord-tenant law question.

1 Answer | Asked in Construction Law and Environmental for Minnesota on
Q: Looking for advice on what/if any action I could take against a contractor for lead exposure.

I had a home renovation done ~2 years ago where the contractor removed some siding that has high lead levels in the paint. Fast-forward to today, my (new) daughter's lead test came back high (8.6). I'm trying to figure out what, if any, steps I could take against this contracting company for their... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2019

I'm sorry for the high lead levels your daughter exhibited. You could contact a Minnesota injury attorney to discuss the matter in further detail, and it would be preferable if the attorney was experienced in toxic tort type of matters, involving exposure to hazardous substances. Given the passage... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Letter for license being suspended for no proof of insurance.

My son was ticketed for running a red light. He couldn’t find his insurance card at the time of the stop and now has received a letter stating his license will be suspended for 30 days. He can prove he had insurance, he’s never had a lapse in insurance and he has a clean driving record. If he... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 27, 2019

Sounds to me as if he must’ve plead guilty to the charge. He will have to seek a plea withdrawal to avoid the suspension period. He should contact an attorney for help.

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1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: I would like to date a man (35),who is a vunerable adult . Can I get in any legal trouble for being with him?

His disability is bipolar, and, anxiety. I've known him for over 10 years.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 27, 2019

You don’t provide enough information to provide a good answer to this question. Bipolar and anxiety would not typically make someone e a vulnerable adult on their own. There must be more going on here.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Is the down-payment my wife made during our marriage considered marital or non-marital upon divorce?

My wife and I bought an investment property together about 8 months into our marriage. We mutually agreed to buy it, both of our names are tied to the mortgage and ownership. At the time of purchase, my wife paid the entire 20% down-payment of $70k from her personal checking account (as we agreed I... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 25, 2019

There is no clear-cut answer to this, as there are a lot of variables in play. This is really going to come down to her ability to trace the funds. Some questions that need to be answered: What was the source of funds in the account? What was the balance of the account at the time of marriage?... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is there a way to remove or request to remove the "Violate Restriction of DL" from my records for MN drivers?

I got a ticket for "VIOLATE RESTRICTION OF DL" for driving on Instruction permit only without the presence of License holder in car. I had the valid insurance though and it happened 1 years back. I already paid the fine but i want it removed from my records now. Is there a way to get it removed?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 24, 2019

Paying the fine is the equivalent of a guilty plea to the charge. Getting it off of your driving record would require that you pursue an expungement.

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