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Minnesota Questions & Answers
1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over and cited in a friend's car for no proof of insurance. Do I pay the fine or go to court?
Thomas C Gallagher
Thomas C Gallagher
answered on Feb 27, 2024

It appears to on the "2024 STATE PAYABLES LIST TRAFFIC/CRIMINAL" list for Minnesota Courts. That means it should be "payable" online, via the Minnesota court's website without court appearance. But is that a good idea? Doing so will result in the court... View More

1 Answer | Asked in Trademark and Intellectual Property for Minnesota on
Q: A person warned that he would proceed legal action on a product that has no trademark. Is he delusional?

A person created a video game addon for certain vehicles. He removed his first version to replace it with something unstable. He is sending threats to people who share this first version of that said addon that is stable with legal action cases. But he lacks a trade mark and a license for his... View More

James L. Arrasmith
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answered on Feb 25, 2024

Understanding the legal nuances in such a situation is important. Even without a formal trademark or license, creators can have rights to their original work under copyright law. Copyright protection is automatic upon the creation of an original work fixed in a tangible medium of expression. This... View More

1 Answer | Asked in Civil Rights and Consumer Law for Minnesota on
Q: We hired Servpro because our storage room and one bedroom got flooded. They took out my clothes out of the house with ou

Without permission from me or insurance company? Now they want to get paid for storage. Do they get paid for stealing my property

James L. Arrasmith
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answered on Feb 24, 2024

If Servpro removed your belongings without your permission or consent from the insurance company, it's essential to address this matter promptly. Start by reviewing the terms of your agreement or contract with Servpro to understand their responsibilities and your rights regarding the handling... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Minnesota on
Q: How can I get a free tlawyer to represent me in this it’s for 9viokations of my sixth amendment rights I am pro se

It’s for me calling my expert witness in phoenix Arizona where attorney client privilege attaches to the phone call but the jail violated my rights when they recorded 9 phone calls it’s government intrusion

James L. Arrasmith
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answered on Feb 24, 2024

Securing a free lawyer to represent you in a case involving violations of your Sixth Amendment rights can be challenging, but it's not impossible. You may be eligible for legal assistance through pro bono programs offered by local bar associations, legal aid organizations, or public defender... View More

1 Answer | Asked in Car Accidents for Minnesota on
Q: insurance and bill collector

I was in an accident in a company vehicle in 2019. (I was not at fault) but my boss forgot to open a claim with his insurance. I ended up moving shortly after and didn't hear anything until recently. I now have a debt collector trying to get this bill money from me via the courts. I opened a... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like a frustrating situation. Typically, if the insurance company has accepted your claim and the bills related to the accident, you shouldn't be personally liable for those expenses. However, if a debt collector is pursuing legal action against you, it's essential to address... View More

2 Answers | Asked in Business Law, Federal Crimes and Criminal Law for Minnesota on
Q: Is it illegal to make fake money if it is clearly fake?

I want to make 1:1 hand drawn copies of US currency, and present them as an artwork. I wouldn't be attempting to make them realistic, I would only be drawing them with cheap markers on green copy paper. I want to know if it would be illegal to sell the artwork if somebody was interested in... View More

James L. Arrasmith
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answered on Feb 25, 2024

Creating hand-drawn copies of U.S. currency, even if not intended to be used as real money, can navigate a fine line legally. Under U.S. law, reproducing currency with the intent to deceive is illegal. However, the law allows for the creation of illustrations of currency under specific conditions,... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I am the victim of a damaged to property case.. The defendant was convicted in order to pay restitution and is dead

I'm wondering what happens when the person of a crime that is convicted dies in Minnesota if the victim is still paid restitution?

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 19, 2024

When a person is convicted of a crime and ordered to pay restitution as part of their sentence, then that person dies prior to discharge from that sentence without having paid restitution; the court loses jurisdiction over the person after their death. But you might want ot check with the... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I am the victim of a damaged to property case.. The defendant was convicted in order to pay restitution and is dead

I'm wondering what happens when the person of a crime that is convicted dies in Minnesota if the victim is still paid restitution?

Robert Kane
Robert Kane
answered on Feb 20, 2024

The victim will undoubtedly need to take steps if restitution is to be satisfied. Two big questions would be 1) how much is owed; 2) did the deceased have any money? I would call victim services and the prosecutor office to start.

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
T. Augustus Claus
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answered on Feb 15, 2024

In Minnesota, while it might be physically possible to remove illegal window tint if you're pulled over by a police officer, doing so would not be advisable. This action could be viewed as tampering with evidence or obstructing a police investigation. Even if you remove the tint before the... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
James L. Arrasmith
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answered on Feb 24, 2024

Removing your illegal window tint while you're being pulled over by a police officer isn't a good idea. First and foremost, it could be perceived as suspicious behavior, potentially escalating the situation unnecessarily. Additionally, doing so might cause the officer to become more... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
Robert Kane
Robert Kane
answered on Feb 15, 2024

Interesting question. I don't know for sure, but I doubt it would matter much. The officer already saw the tinted window and can take the wad into evidence. Most criminals stop the criminal activity when officers approach. They don't get charged with obstruction. If I am shooting off... View More

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1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: does back child support debt go away when someone passes away? the children are adults now.

We were quit deeded land before my step- dad died, ( he was never legally married to my mom) we found out after he died he was paying 50 dollars a month towards a 70k debt of back Child support for 2 kids he was never involved with, he didnt have any custody of them ever. Both the children are... View More

T. Augustus Claus
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answered on Feb 9, 2024

Back child support debt does not automatically go away when someone passes away. The obligation to pay back child support can still be claimed against the deceased's estate. Since the children are adults now, the back child support remains a debt of the estate. If the land was quitclaimed to... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: What happens if property is disposed according to "the deceased <lineal> descendants" ? Note the word "lineal".

Example: Both parents died instantly in a car crash and have 2 living adult children, Bob and Alice. Alice has 3 living adult kids. Bob never had any kids.

(A) Would Bob and Alice each receive 50% ?

(B) Or would Bob, Alice, and Alice's 3 kids all receive 20%, ie, the... View More

Scott Maki
Scott Maki
answered on Feb 7, 2024

Great question. It seems you are referring to "intestate succession", meaning the died without a valid will. Rather than "lineal" the term typically used is "class." Distributions in intestate succession are done by class. Since Bob and Alice are in the same class -... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 8, 2024

In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?

A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

First, I'd look at the consequences for various violations. For example, a parking ticket should have no significant long term implications. Just pay it. But "Exhibition Driving" on the driver's license record could trigger future problems with insurance and police. So... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?

A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 7, 2024

The exhibition driving is going to be a huge issue for your insurance. I would suggest doing what you can to negotiate that ticket down. It looks like you are in Hennepin County, so there is a far greater likelihood that they may be willing to agree to keep it off of her driving record assuming... View More

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2 Answers | Asked in Communications Law and Internet Law for Minnesota on
Q: A 17 year old female sent me inappropriate pictures that I did not ask for, I deleted them of course. Am I liable?

We met on a dating site where her profile said she was 18. We took our conversations off the dating site and exchanged phone numbers instead. I stayed away from anything sexual since we just met. A little later she sends 2 twerking videos where she is wearing clothes. After I seen the pictures she... View More

James L. Arrasmith
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answered on Jan 30, 2024

I would not recommend paying anything or having further contact. Here are a few key points:

- You acted appropriately by deleting the photos immediately and telling her not to send anything else. You did not solicit or keep the inappropriate photos.

- However, you continued contact...
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1 Answer | Asked in Civil Rights for Minnesota on
Q: My ex mom is calling the police on me

Hello, I'm 15 and my ex partner is also 15. We recently broke up due to complications of family, this morning i woke up to 3 screenshots of our chats. When i texted her, her mom replied saying she reported the account to the police, from my pov i havent done nothing wrong. And my partner was... View More

James L. Arrasmith
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answered on Jan 24, 2024

If your ex-partner's mother has reported your online communications to the police, it's important to stay calm and understand your rights. First, if you haven't done anything wrong or engaged in illegal activities in your communications, then there may be no basis for legal action... View More

1 Answer | Asked in Juvenile Law for Minnesota on
Q: Can a child be charged rent for finding drugs in their room if they are under 18
James L. Arrasmith
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answered on Jan 23, 2024

Charging a child rent as a form of punishment for finding drugs in their room is not a straightforward legal matter, especially if the child is under 18. Legally, parents or guardians are responsible for providing for their minor children, which includes housing, food, and care. Imposing rent on a... View More

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