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2 Answers | Asked in Criminal Law for Minnesota on
Q: if i have a trial and it includes no lawyers, could i motion for a lawyer?

i have a trial coming up and was stated no lawyers, could i motion for one?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 6, 2021

What kind of case is it? You're always entitled to have an attorney, but not necessarily one for free.

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1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I work for a temp agency. Got fired because of attendance but I just had a heart attack. Is there anything I can do?
Carrie Dyer
Carrie Dyer answered on Oct 6, 2021

More information is needed to answer your question. In some cases, the Family Medical Leave Act and/or the Americans with Disabilities Act, as well as state laws, can provide you with job protection for missing work due to a serious medical issue. You should contact an employment law attorney in... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: If the minimum sentencefora case is 5 years does that mean that you must do 5 years in jail or could the judgeorderles

For instance could it be 1 year in jail and 4 years house arrest

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 3, 2021

It depends on the charge and if it is an actual “mandatory” minimum. You should consult directly with a criminal defense attorney about the specifics of your situation.

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1 Answer | Asked in Family Law for Minnesota on
Q: Does income include tips or just taxable income in a child support battle? Can bank statements be included?

Hello, I am in the middle of a child support fight. Deciding how much money is owed to the other. Two kids involved. One of the parents works in the restaurant field and makes tips. Not all tips are included in the taxable income.

Corwin Kruse
Corwin Kruse answered on Oct 1, 2021

Tips are included (and taxable). Bank statements can be requested in discovery or subpoenaed.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket going 74 in a 55. I had turned onto the state highway and did not see a posted speed limit.

Can I contest it and report that? Is it worth it/will it get me out of my ticket?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 1, 2021

Yes, of course, every speeding ticket can be contested, and should be. Focus on the desired outcome. Perhaps that can be met by agreement. Next, gather all facts and keep an open mind to all possible legal defenses. That defense may be the best available, or another might be better. If it's... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Why can my ex have his girlfriend & her kids with on my kids supervised visits with their dad when they don’t want them

From the start my kids have not wanted dads gf and kids with on their supervised visits, but he Dosent care or acknowledge their feelings/wants. Situations keep happening & things keep getting worse and he will not remove the problem for the sake of his kids. What else can I do for my kids?

Corwin Kruse
Corwin Kruse answered on Sep 25, 2021

It depends upon what restrictions are put in his parenting time in the divorce decree. If it doesn’t prohibit his GF and kids, he can bring them unless you bring a motion to modify and can demonstrate that a prohibition is in your kids’ best interests.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I recently received a speeding ticket while driving in Wisconsin. Will it affect my Minnesota record

I'm a Minnesota resident

Thomas C Gallagher
Thomas C Gallagher answered on Sep 23, 2021

If convicted (by paying the fine or losing a trial), yes. Wisconsin will report the conviction to the Minnesota Department of Public Safety for inclusion on the driver's license record (assuming a Minnesota driver's license). To avoid that, fight the ticket in Wisconsin to try to... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: So my probation expired on the 18th of this month still have two things to do

Have been good and outstanding the whole time on probation with no violations

Thomas C Gallagher
Thomas C Gallagher answered on Sep 21, 2021

It's difficult to understand what might be a question here. Is the situation one where a person is on probation in a criminal case, and the period of the stayed sentence is about to expire, but two conditions of the stay have not yet been completed? If so, the Probation Officer may ask the... Read more »

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1 Answer | Asked in Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... Read more »

Paul Lelii
Paul Lelii answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am from Minnesota and I was put on a 2-year probation for a second degree DUI home state of imposition I have comple

I completed everything except the driving with care and the med impact panel I'm from Minnesota I work full time in healthcare I lost my grandma and my mother just in the last 7 months due to covid plus nine of my residents that have been long term with me I have complied with everything that... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 17, 2021

I would expect that a probation violation might be filed. I’d suggest that you complete the driving with care and victim impact panel ASAP. Additionally, telling the court that you’ve done everything that was asked of you is a bad idea because you haven’t. You haven’t completed the DWC... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: how does getting a visa through a sibling work?

my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

Yes.

If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: i have convicted of a petty misdemeanor due to speeding 75mph on a 40. I was rushing due to family restrictions.

Have time a curfew at the house and didn't want to arrive home late, so I had to rush to get home fast and, my mom was sick, so I had to take care of her in all ways, so I had to sacrifice myself for hers.

i was trying to know if I can go on probation for the ticket I've received

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 16, 2021

There isn't really a question here. Were you charged with speeding? Have you already paid the fine and consequently plead guilty to the speeding ticket? You need to more clear on what you are asking for anyone to help you.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I file a haraasment restraining order to protect residents and staff from my organization from a former client.

My organization works with youth involved in the criminal justice system and formerly homeless and/or sexuallly exploited youth. We recently evicted a 26 year old resident who has been tresspassed, however sits just off property and heckles staff and residents. He has also been accused of selling... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 13, 2021

The request for a Harassment Restraining Order is pretty straightforward. You would simply need to submit one in the county where the facility is located. An HRO could prohibit the former client from being within a certain distance of the facility. You are going to have difficulty submitting a... Read more »

3 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 24, 2021

There are slogans, and there are slogans.

Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open...
Read more »

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1 Answer | Asked in Estate Planning and Insurance Bad Faith for Minnesota on
Q: When a person appoints a power of attorney and he passes away, does that power of attorney end? I am from Minnesota.
Nina Whitehurst
Nina Whitehurst answered on Aug 30, 2021

A power of attorney ends when the principal dies. It also ends when the agent dies, unless there was a successor agent named, in which case it continues in favor of the successor agent.

1 Answer | Asked in Family Law for Minnesota on
Q: I filed motion to modify alimony. My ex's attorney says he is not available on the hearing date. What do I do?
Corwin Kruse
Corwin Kruse answered on Aug 25, 2021

I assume that the attorney also told the court. The court will likely reschedule it for a mutually-agreeable date.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My fiancé was charged in Minnesota for a DUI almost a year ago, it will be 1 year next month. They are now telling him

They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 24, 2021

Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.

2 Answers | Asked in Criminal Law for Minnesota on
Q: My bf has three warrants in Ramsey county and all three says standard bail is $500 do I pay $500 each warrant?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 23, 2021

It's impossible to answer without more information. Sometimes a court will set a bail amount that covers more than one case. Other times, separate bail is set for each case. There is no way to answer this question without access to more information like your boyfriend's name and the... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: How can I get my gun rights back?

My felony drops to a misdemenor when probation is completed. My probation will be complete in the next 3 months and want to know if i can purchase and own firearms or not, or if I can have my rights restored

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 23, 2021

That depends what you were convicted of and whether it is a crime of violence. The question is impossible to answer without that information.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Got a speeding ticket for doing 49 in a 30 mph zone (exiting a small town) - HOWEVER -

I was within about 30 ft of a speed limit sign that stated 60 mph. I took a picture of it thru my dash. Thought if I was within sight of the next speed limit sign, I could justify that speed?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 21, 2021

The speed limit becomes effective at the sign. You could certainly argue that you thought the speed limit had increased. But it also depends where the officer clocked your speed.

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