Lawyers, Answer Questions  & Get Points Log In
Minnesota Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: My car title is in the DMV system's maze. I do have every document but I don't have my car's title. Can I sue them?

Facts: I live in MN, I bought a car from a dealer in WI and brought it to MN, July 2021.

I was able to register my car. The WI dealer told me we will mail you the title to your address, which might take up to 40 days

I did not get the title mailed and forgot about that title until... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

In your situation, it's important to understand that suing the DMV or the dealer might not be the most efficient or effective first step. Lawsuits can be time-consuming and costly. Before considering legal action, it's advisable to exhaust all administrative remedies.

First, you...
View More

3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

Sarah Gad
Sarah Gad
answered on Dec 23, 2023

I am sorry to hear that your public defender is not responsive to you. The Sixth Amendment guarantees every person charged with a crime competent legal counsel, so if your lawyer is not answering your questions or providing you with information about your case, then they might be violating your... View More

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2023

A client of a Public Defender who wants a different public defender, may be told that they do not have a right to choose their public defender, though they do have the right to choose their private attorney. But, sometimes the Public Defender's Office will provide a replacement. This could... View More

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

If you feel that your court-appointed attorney is not adequately representing you and there is a breakdown in communication, you have the right to address this issue. Here's what you can do:

Document Everything: Keep a record of all interactions with your attorney, including dates,...
View More

View More Answers

1 Answer | Asked in Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?

My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More

Robert Kane
Robert Kane
answered on Dec 23, 2023

You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More

2 Answers | Asked in Small Claims for Minnesota on
Q: I borrowed someone money and was wondering what my options are to get that back

At first I told them they didn't need to pay me back but they said they will otherwise they won't take the money. So we agreed on him paying me back but now he is refusing to. I have messages after the fact saying the total amount owed and that he is planning on paying me back

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

In Minnesota, if you lent someone money and have evidence, such as messages confirming the amount owed and the borrower's intention to repay, you may consider pursuing a small claims case to recover the debt. Small claims court is designed for relatively straightforward cases involving smaller... View More

View More Answers

2 Answers | Asked in Small Claims for Minnesota on
Q: I borrowed someone money and was wondering what my options are to get that back

At first I told them they didn't need to pay me back but they said they will otherwise they won't take the money. So we agreed on him paying me back but now he is refusing to. I have messages after the fact saying the total amount owed and that he is planning on paying me back

Robert Kane
Robert Kane
answered on Dec 21, 2023

You can attempt to collect by demanding payment. Demand letters from attorneys carry more weight. You can file a claim in conciliation court. If the amount is more than $5,000, an attorney may be worth consulting with before filing. Various collection techniques may be available after a judgment is... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: My husband has 2 criminal cases in another state that he reports for about monthly for the past 11 months.

The cases have not gone to trial yet. He has received discovery for at least one of the cases. He is on bond for each case, and they each involve felony charges.

Now in our home state he recently had an incident that caused him to have felonies charged.

He is now on bond here after... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 15, 2023

The description is not completely clear. If a person is on pre-trial release on two criminal cases in another state, and then gets a new criminal charge in Minnesota, it seems highly unlikely that the out-of-state court(s) will not eventually find out about the newer Minnesota criminal case. As a... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: My husband has 2 criminal cases in another state that he reports for about monthly for the past 11 months.

The cases have not gone to trial yet. He has received discovery for at least one of the cases. He is on bond for each case, and they each involve felony charges.

Now in our home state he recently had an incident that caused him to have felonies charged.

He is now on bond here after... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 15, 2023

No, there is not going to be a way to attend the other hearings and keep them secret. First, the fact that he is charged in another state is already public information. Second, he is going to have to ask for time away from the ankle monitor to attend those out-of-state hearings, and the home... View More

View More Answers

1 Answer | Asked in Immigration Law for Minnesota on
Q: Applied for VISA slot in March 2024 however my employer got changed before that. How to update DS160. Please guide me

In October 2022, my visa status changed from F1 to H1B. Recently, I applied for a visa appointment in India through the DS160 form, submitted in August 2023. I have paid the visa fees and secured a slot for March 2024, opting for the DROPBOX option.

Subsequently, I have accepted a new job,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2023

In your situation, updating the DS-160 form to reflect your new employment is essential. Since you've already submitted the DS-160 and scheduled an appointment, you'll need to fill out a new DS-160 form with the current employer's information. This is because the DS-160 form, once... View More

1 Answer | Asked in Civil Litigation for Minnesota on
Q: What can I do with someone else's belongings if they won't come get them from my property?

An ex-friend left some of her belongings at my place, one of them being a very expensive motorcycle and she won't come and get them what are my legal options to do with her stuff?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2023

In situations where someone has left their belongings on your property, the first step is usually to provide them with a formal notice to retrieve their items. This notice should be in writing, clearly stating a reasonable deadline for removal of the belongings.

If they fail to collect...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: When pulled over by the police in MN. If Police ask for ID. Can I "Present" my ID or do I have to physically "Give" ID?

Can I present my ID by holding it against the window where they can easily read and see it? Or do I physically have to hand over my ID where the cop can walk away with it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

In Minnesota, when a police officer pulls you over and requests your ID, the law generally expects you to hand it over to them. While you might feel more comfortable just presenting it against the window, the officer has the authority to physically inspect your ID. This is part of their routine... View More

1 Answer | Asked in Civil Rights, Federal Crimes, Identity Theft and Landlord - Tenant for Minnesota on
Q: Do any lawyers go up against corporations

Everything I experienced against me were literally federal crimes I’ve tried year after year to get help no one helps.. it’s all about money power and if you have niether than these corporations and legal system law enforcement court system get away with being corrupt including a fbi Agent

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

Yes, there are lawyers who take cases against corporations, even in instances involving complex matters like federal crimes, identity theft, and issues with the legal system. These cases can be challenging, but there are attorneys who focus on civil rights, corporate accountability, and similar... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: What does one need to do to find a lawyer to go after Menards and City of Virginia MN Police Dept.

In June of 2021, I was shopping at a Menards store, when a store manager walked up and asked if he could help me, I had just selected a cover plate for an outlet. I told him I just found what I was looking for, he said can I speak to you, I said sure, what’s up, he says off the sales floor, I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

To pursue legal action against Menards and the City of Virginia, MN Police Department, you'll need to find an attorney with experience in civil rights and possibly false arrest or malicious prosecution cases. Start by researching lawyers who specialize in these areas of law within Minnesota.... View More

2 Answers | Asked in Bankruptcy and Civil Litigation for Minnesota on
Q: How to get rid of judgment from creditor no longer in business and was unable to notify of chapter 7
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

If you have a judgment from a creditor who is no longer in business and you were unable to notify them of your Chapter 7 bankruptcy, there are steps you can take to address this issue. First, it's important to gather any documentation you have regarding the bankruptcy filing, including the... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m going to represent myself in a petty theft case today. My plans to just plead guilty. Anything I should say or do?

Any advice on how to go about this? I’ve never represented myself before and would like anybody’s opinion ASAP please

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 28, 2023

There is no such thing as a petty theft. The theft charge is either a misdemeanor, gross misdemeanor or felony. But no theft charges start out as a "petty" theft. I would tell you that a theft conviction is going to have long term consequences for you - especially for employment and... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m going to represent myself in a petty theft case today. My plans to just plead guilty. Anything I should say or do?

Any advice on how to go about this? I’ve never represented myself before and would like anybody’s opinion ASAP please

Sarah Gad
Sarah Gad
answered on Nov 28, 2023

Based on the facts that you provided (that you are a 1-time offender charged with a petty misdemeanor) you won't face jail time. You can just state you plead guilty to take accountability for your, establish a factual basis for the guilty plea (explain to the judge why you what happened and... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.

This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.

I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2023

Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.

This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.

I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More

Sarah Gad
Sarah Gad
answered on Nov 27, 2023

It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an... View More

View More Answers

2 Answers | Asked in Immigration Law, Criminal Law and Domestic Violence for Minnesota on
Q: My wife got a misdemeanor charge against me for domestic assault. She's illegal immigrant legally married

She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2023

In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.