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Minnesota Questions & 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

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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
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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
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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...
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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
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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
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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
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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
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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

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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

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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

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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

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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

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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
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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...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I received a citation for indecent exposure and on the citation it is not marked to go to a court hearing.

Yet,I received a notice for a court appearance. So for a misdemeanor charge can one pay the fine and not have to go to court? Also the city attorney sent a letter about being booked after my court appearance. Yet, i wasn't arrested just given a citation.

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

Most people facing a misdemeanor charge would like to prevent a conviction record. It will require appearing in court, until resolved. To get the best outcome possible, you'll need help from a criminal defense lawyer. So your best next step would be to contact a criminal defense attorney... View More

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2 Answers | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: Can a "witness statement" be used for probable cause to detain? Even if he has an alibi.

Boyfriend charged with 1st degree felony arson due to witness statement but in the second part of her statememt it was proved by firefighters she was wrong.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 19, 2023

I've seen a witness statement used as probable cause to detain. But I have also challenged whether such a witness statement actually supported probable cause, after the detention, in front of a judge. That issue should be evaluated in light of all available evidence and pretrial discovery,... View More

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1 Answer | Asked in Immigration Law and Education Law for Minnesota on
Q: What is the function of an I-20? If the information on my I-20 differs from one on record previously?

Can the US Embassy change information of an international student given his or her I-20 has a different information e.g date of birth, name?

I am a returning student and I am applying for F1 Visa; can I apply with an I-20 that has a different date of birth or name, in the hopes that this... View More

James L. Arrasmith
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answered on Nov 18, 2023

The Form I-20 is a critical document for international students in the U.S. It confirms your acceptance into a study program at a U.S. institution and your eligibility for an F-1 visa. It also outlines your program start and end dates, field of study, and financial information.

If the...
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1 Answer | Asked in Consumer Law and Small Claims for Minnesota on
Q: Stupidly borrowed money to someone on cash app now they won’t pay back can I sue ? 5000+$
Robert Kane
Robert Kane
answered on Nov 17, 2023

Conciliation court seems to be in your future. Perhaps an attorney can assist you in getting your money back with going to court. Even if the attorney is unsuccessful, it will likely help you prepare your case. Some attorneys are affordable; most attorneys are not.

You have to determine...
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1 Answer | Asked in Criminal Law for Minnesota on
Q: I found a phone at casino 4 months ago was gonna turn it in but got in argument with fiance & left casino but realized

& left it in the parking lot now being charged with theft is this legal even though I never kept the phone & I talked with security & was banned from casino for year & told charges weren't being pressed?

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 16, 2023

A person facing a theft charge in court needs help from their own criminal defense attorney. The prosecuting attorney has no personal knowledge, and is prosecuting based upon what they've been told. So, the legal process requires perseverance, patience, and sustained effort over time, in... View More

2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for Minnesota on
Q: if a website posted something for the wrong price and I buy it before they fix it they have to sell it to me right ?
T. Augustus Claus
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answered on Nov 9, 2023

In general, yes, if a website posts something for the wrong price and you buy it before they fix it, they have to sell it to you at that price. This is because the posting of the price constitutes an offer to sell the item at that price, and your purchase of the item is an acceptance of that offer.... View More

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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

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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

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