Minnesota Recent Legal Answers from Lawyers

This is a factual question that a jury or judge will have to decide. The question will be whether the evidence presented constitutes proof beyond a reasonable doubt that you possessed the contraband. There is a concept called constructive possession that may come into play in your case. Now that you are apparently facing a criminal charge, you first step is to retain an experienced attorney to represent you. I'd be happy to talk with you on the phone or have a free in person consultation.... Read Answer

Trademark law is about confusion of the source of a good. If someone were to make a series of NASCAR products, the reasonable consumer belief would be that the manufacturer had an agreement with NASCAR and the products were somehow sponsored/approved by NASCAR. In this particular instance, based on the limited facts provided, the client would have knowledge that the product was not sponsored/approved by NASCAR and, thus, it is not reasonable to conclude the client would suffer confusion. It is possible to have third party confusion. A viewer of the NASCAR urn believes that NASCAR sponsored/approved the urn and then develops a negative opinion of NASCAR (because of the quality of the product or feeling the product is tacky, for example). However the damages NASCAR could claim would probably not rise to a level that would make litigation desirable. To the extent there is risk, I suspect it would relate to third party confusion. Good luck, Todd... Read Answer

That depends.  Although you never lived in Iowa, you may stil have sufficient contacts with it to allow it to exercise jurisdiction over you without violating your constitutional rights.  For example, are you being sued over a contract which was to be performed, at least in part, in Iowa, or over an accident which occurred in Iowa?  If so, the Iowa courts would almost certainly have jurisdiction over you.  Are you being sued over a contract which required you to ship goods to Iowa?  Did you advertise to Iowa residents in connection with the dealings to which the lawsuit relates?  Do you derive substantial income from Iowa residents?  Did you negotiate and/or sign the contract while visiting Iowa?  Do you own real property in Iowa?  Do you work in Iowa?   You can't determine whether the Minnesota court would have jurisdiction over you without analyzing these factors, and the issue is not always black and white.  If there is any question that Iowa might have jurisdiction over you, you can't take the chance of ignoring the lawsuit.  However, in most jurisdictions you can make what is known as a "limited appearance" to challenge jurisdiction, and you can also make a motion to dismiss the case based on either a lack of jurisdiction or because it is an inconvenient forum (in which case you would have to show that the forum is inconvenient for almost everybody involved, parties and witnesses, and not just yourself.)... Read Answer

I can't give you a definite answer. It depends on whether you are on conditional release. Also if you resolve your case and are placed on probation, then UAs might become a condition of your probation. I would suggest conferring privately with an attorney right away. Many of us offer a free initial consultation. I would be happy to have a chat with you about your case and you can explore hiring an attorney to defend you.... Read Answer

You pose some very good questions. All of these questions should be directed to your attorney - the person that knows the specific facts and circumstances of your case. With that said, I can give you a general idea. With your lack of criminal history, it is likely that you would not actually go to prison. Probation would likely be for three or five years. If you don't go to prison, you could still be ordered to serve up to 365 days in the local jail. House arrest is a possibility. What you should be more concerned about is whether you end up being convicted of a felony. You should be retaining an experienced attorney to help you try to avoid a permanent conviction. There is a statutory diversion type option that we may or may not be able to get you qualified for. I'd be happy to sit down with you for a free initial consultation. At least talk to a good lawyer before doing anything that you'll regret later.... Read Answer

Yes, he can process in the US, if you come with the intent of a tourist. If he entered with preconceived intent to file for the green card, he may be refused entry or ultimately denied based on your fraudulent entry. Therefore, you must handle your process carefully and within the bounds of discretion. In addition, since he proposed after he was here, it should be ok. I would be happy to help or consult on the matter. ... Read Answer

It seems unlikely to me that the phone records of a witness would be relevant to a civil case, but if they are then the Court may order that they be disclosed.  While only the government can charge you with a crime, if your phone records show evidence of a crime, the Court may refer the matter to the police or district attorney for further criminal proceedings.  Again, this seems very unlikely to me but, without knowing any details, I can't say it is impossible.... Read Answer

There is no way to predict. Could be days, weeks, or even months. In any case, you'll received a summons to appear in court on a misdemeanor criminal theft charge. While you wait, you should be consulting with a few attorneys and hiring the one that you're the most confident in and comfortable with.... Read Answer

Typically if you simply pay a fine, that includes a guilty plea and a permanent record. I don't know if that's what happened in your case or if you got a special deal. I would be able to look it up if you give me a quick phone call. In any case, you would benefit from something called expungement. The Legislature passed a brand new expungement law this year that might benefit you greatly.... Read Answer

You can prove your case through the testimony of yourself and the other people who witnessed the pre-existing damage to the table.  Of course, this testimony would be more powerful if you had a disinterested witness, but there is still a good chance that you'll be believed.  You could also try to depose previous tenants to ask them if they had noticed the damage when they occupied the cabin, but the likelihood is that either they didn't, or that they will not admit that they did, and the deposition process is (unless this table was extraordinarily valuable some reason) probably more expensive and time consuming than the case is worth.... Read Answer

There are numerous legal issues that arise here. You would be aiding and abetting multiple criminal offenses of minor consumption. You would also likely be committing the crime of providing alcohol to minors, a gross misdemeanor. Depending on what city you live in, there may be a local "social host" ordinance that criminalizes exactly the activity you propose to engage in. Proceed with caution. You should consult directly with an experienced attorney before going down the path you're on. Sorry I don't have better news for you.... Read Answer

You may be correct, but why would you ever take the chance?  If you operate a business without notifying people that the business is a corporation, or an llc, or some other form of separate legal entity, you could become personally liable for the business's obligations.  Thus, for example, if you sign an order for product on letterhead which says "Joe's", instead of "Joe's Inc.", you could be personally liable for that order.  What do you have to lose by making sure that your logo contains your corporate name?... Read Answer

Hello, Although some petitions filed by U.S. citizens on behalf of their parents are approved without an interview, it is always a good idea for the petitioner to be ready to attend the interview with their parent in case the Immigration officer wants to ask them a few questions. Good luck.   Disclaimer: this information is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your specific situation please consult with your local immigration lawyer.... Read Answer

There should not be a warrant on a petty misdemeanor case. As for what time to turn yourself, it all depends on the county and the case. Consider retaining an attorney to help you through this. It's possible to have your lawyer make arrangements in advance so that you won't be taken into custody.... Read Answer

The police must have reasonable suspicion of criminal activity or a traffic violation to execute an investigatory stop. What you describe does not appear to be a valid basis for a stop. However, it sounds like nothing came out of the incident, so I don't see any recourse for you. If this had resulted in a citation or criminal charge, then you may have had a valid basis to seek dismissal.... Read Answer

With zero criminal history points, just the 1st Degree Controlled Substance Crime carries a presumptive 86 month prison sentence. If you're facing these charges, you should retain an experienced criminal defense attorney quickly. Your lawyer will work towards having charges dismissed or reduced. If you're convicted, your lawyer can file a motion for a durational or dispositional departure, seeking a lesser sentence or even probation. Protect your rights and your future - get a lawyer.... Read Answer