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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: My Dad was arrested for sexual conduct of the first-degree 8 years ago and I was wondering if anyone could look into it?

My Dad's name is Anthony Allen Tessman I was wondering if someone could look into the case to see if it was unfair and I understand it may be difficult do to the coronavirus pandemic and I do not have any money because I am only 13 years of age so unless you accept pocket change I understand if you... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 28, 2020

I would encourage you to talk to your mom or other adult family member to ask them to help you work on this. There are things you could do, together, to look into the matter. But it will be difficult for a juvenile to do those things without help from a trusted adult family member. Also, I would... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Minnesota on
Q: We bought a house with water damage, had an inspection but it either missed it or it wasn’t present. What can we do?

The ceiling in the downstairs bathroom had a leak. Neither is, our realtor and our inspector saw this leak. We had the inspection in May and in July we moved in due to the current owners preference. They are refusing any compensation and I cannot prove they knew about the leak. We noticed the... Read more »

Mark William Perron
Mark William Perron answered on Apr 27, 2020

First, with regard to the inspector, you would need to look at the agreement and see if there is any language that limits the company's exposure. If there is nothing in there and the leak was obvious as to where the inspector should have known about it, you could bring a civil claim against them... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Minnesota on
Q: I bought a used car for 5000. Dealer told me they had put alot of work into it. Engine blew up within 6 days.

The car is a 2009

Mark William Perron
Mark William Perron answered on Apr 27, 2020

Tough break! Buying a used car is always a big risk. Unfortunately, the Lemon Law only covers new or slightly used cars.

In order to hold the dealer accountable, you would need to prove that they knew about a material defect and that had you known about said defect, you would not have...
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1 Answer | Asked in Family Law for Minnesota on
Q: My gf parents are really strict to her and it’s ruining her mental health what can she do she wants to leave

she 16 almost 17

Mark William Perron
Mark William Perron answered on Apr 27, 2020

She can certainly petition the Court for emancipation. There is no real bright line test, but the Courts have a lot of discretion in declaring a minor emancipated. Some of the factors include the minor’s living situation, consent of the parents and the overall situation or actions created by the... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for Minnesota on
Q: My neighbors kid hit my dog and trapped him under a blanket with her and he nipped her and broke skin. Can she sue?

The child is 5 and has been told multiple times to not hit or hurt the dog previously and prior during the same day the incident happened. the other siblings have beaten him with sticks previously.

Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

'Poor dog. Anyone could sue and there's no controlling or predicting whether someone would. What you describe sounds like a reasonable basis for a defense or counterclaim. Your question remains open for three weeks. Try contacting one of the attorneys in the Animal/Dog law section and see if they... Read more »

2 Answers | Asked in Federal Crimes, Libel & Slander and Juvenile Law for Minnesota on
Q: What are the consequences if someone presses charges on you for throwing lemonade on their parked car?

No one was inside the car. There was no damage. Maybe made a tiny section of the car sticky. The person however is accusing us of keying the car. We did not.

Thomas C Gallagher
Thomas C Gallagher answered on Apr 27, 2020

Only the police or a prosecutor can initiate a criminal investigation and charge. A person can complain to police, who might or might not investigate. If police do investigate, avoid talking to them. Talk to a criminal lawyer first. Apart from legal action, it's a good idea to respect other... Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: adjudication

If Minnesota law says that children 14 and younger are legally incapable of committing crimes, how can a child who was 11 at the time of the action be adjudicated?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 25, 2020

It appears that the minimum age at which a youth can be adjudicated delinquent is 10 years old; but the youngest age at which a youth can be certified as an adult for criminal liability is 14. However my view is that many young juveniles are incompetent to participate in the court process due to... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: At what age can a child be adjudicated in Minnesota?

Can a 17 yr old, who was charged with 5th degree sexual conduct and has been in the juvenile system 4 years be adjudicated if they were 11 years old at the time of the action?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 25, 2020

I've represented 11 year-olds charged with sex crimes in juvenile court. Last time I researched it, the minimum age for juvenile prosecution in Minnesota was age 10.

2 Answers | Asked in Immigration Law for Minnesota on
Q: Can an alien that can work get unemployment because of covid 19 or will that effect his future immigration status
Kyndra Mulder
Kyndra Mulder answered on Apr 25, 2020

Yes. An alien worker may collect unemployment and it is not a means tested benefit.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: How does a Canadian citizen come/move to the US right now? Is it even allowed anymore with current virus conditions?

She is Canadian. I live in Minnesota. We are engaged and had planned that she'd drive here, look for a job, get a TN visa (until we married), and move here permanently. We were going to do this in May and had planned this months ago. Now, borders are closed, so she can't just pack up and drive... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 23, 2020

You can't until after the Canadian border opens and until the EO expires.

3 Answers | Asked in Criminal Law for Minnesota on
Q: If I pay for a stolen item am I admitting to the crime and can be charged

A lost prevention agent is threatening to charge me with Eating and abetting felony theft if I don’t give him $1700 by Friday how can I be assured that he won’t charge me anyway

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 23, 2020

The civil forfeiture is separate from potential criminal charges. Paying the claim to the loss prevention agent (or the company where the alleged theft occurred) will not protect you against criminal charges. In any event, the company doesn't get to "waive" charges against you. That is a... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I bought a car with a loan from a bank and subsequently I was arrested for 5th degree drug possession.

The police are now seizing the vehicle through forfeiture laws. I am not a drug dealer, can they legally do that?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 23, 2020

It depends on the circumstances of your arrest, the weight of the drugs, and where the drugs were located. Consult with an attorney directly. Defending against a motor vehicle forfeiture is not something that you should handle yourself. Most criminal defense attorneys will handle both the... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in an abusive marriage and have a warrant, how can I get around. Going to jail? I cannot leave my home!

My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings and... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 22, 2020

You obviously have a couple of issues going on here.

One, is your warrant. I would suggest getting in touch with the Anoka County Public Defender. You are unemployed so you would obviously qualify for a PD. Explain the issue that you are dealing with and an attorney in the office may be...
Read more »

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3 Answers | Asked in Criminal Law and Probate for Minnesota on
Q: A woman entered the apartment of a deceased man and began removing all the property. When the police arrived, the woman

Lied to police and said she was 'next of kin'. The police required zero proof. Now the man's girlfriend and their children have nothing. The police, Sheriff, etc refuse to take a report of the crime. It has been more than 2 years. Can anything be done?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 21, 2020

Your best bet would be to take the woman to small claims court. Ultimately that’s the only option if authorities aren’t willing to prosecute.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket this evening, on the ticket it says that I was doing 70 in a 75 zone

As well as it said I was 5’ 51” tall my question is do I have to pay the ticket since he said I was not speeding?

William Bailey
William Bailey answered on Apr 20, 2020

This is likely a typo. It would be unwise to ignore this. You should have an attorney monitor this and see if it can be dismissed.

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1 Answer | Asked in Military Law for Minnesota on
Q: Ive had cancer & suffer disability due to chemical exposure during my 20 years in Navy (77-97). Claims denied. What now?

We submitted everything including a rock solid Nexus letter from specialist and still denied. Its been 5 yrs of goibg through this process. VSO has no more suggestions or options. What can we do?

Paul E. Tennison
Paul E. Tennison answered on Apr 20, 2020

Consult with an Attorney experienced in VA disability law. In order to determine what options you have available, an attorney would want to review all the letters you received from the VA about this and the nexus letter from the specialist. The VSO may be out of ideas, yet that does not mean... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: My 16 year old son was pulled over for speeding and given a ticket. He paid the ticket a couple days later

I didn’t know about the ticket or about him paying the ticket until weeks later and only by looking at his bank statement. Being that he is 16 and I own the vehicle and pay the insurance shouldn’t I have been notified? Especially befor he admitted guilt by paying the fine

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 17, 2020

No. It’s his ticket and he was the driver. You certainly have the option of cancelling his insurance and taking away his DL.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: How can I get a price deduction on my intoxiloc. It is currently $93 per month. I was fired from my job 4-3-20.

I have 0 income now. The fee is deducted automatically and I am unable to afford it.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 16, 2020

That is between you and the interlock company. The costs of the interlock service is not something that the government has any control over. Your best bet would be to contact the interlock company and attempt to negotiate with them. Good luck!

1 Answer | Asked in Immigration Law for Minnesota on
Q: Can obtaining unemployment benefit affect my situation now or in the future when applying for citizenship?

I am a refugee and stopped working due to the COVID-19. My question is whether getting unemployment benefits exposes me to deportation or prevents me from becoming a US citizen in the future?

Gunda Yohanna Brost
Gunda Yohanna Brost answered on Apr 12, 2020

No because unemployment is an earned benefit.

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Trooper issued Reckless driving ticket to a white Corvette based on traffic camera footage.

The trooper did not witness violation in person, Trooper viewed MN-Dot Cameras. Also there were multiple white corvettes on the highway at that time. Trooper pulled over multiple white corvettes. Traffic cam footage was really bad. no way to identify exactly which corvette or driver. Will this... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 12, 2020

There are two issues here: one is identifying the right vehicle. That depends on the quality of the traffic cam footage. The second issue is identifying the driver. That is likely going to be the stronger issue for you. I would certainly want to see the traffic cam footage if I were in your... Read more »

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