Minnesota Recent Legal Answers from Lawyers

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Minnesota Recent Legal Answers from Lawyers
Page 12 of lawyers' answers to legal questions about Minnesota.

Recent Legal Answers

I could not fulfill a contract due to back problems and paid for services - can I get a refund?

Answered 10 years and 6 months ago by Max Dunham Miller, Jr. (Unclaimed Profile)   |   1 Answer
In all likelihood the answer to your question is going to be addressed in the language of the contract itself. Knowing they way these contracts are typically written they may assure you they will continue searching for a job for you, but in your case that will not do you any good.  In the unlikely event there is some language in the contract addressing your inability to work during the course of the job search period, those provisions would have to be looked at. If the contract does not address what happens if you become unable to work, one position you could possibly take would be to assert "impossibility" which may require them to refund some of the fee. They may well not agree with that theory, and ultimately it would then have to be decided by a judge, an option which you maynor may not feel is justified. I've worked thru chronic back issues for years myself, and seen many clients do the same.  I wish you the best.... Read More
In all likelihood the answer to your question is going to be addressed in the language of the contract itself. Knowing they way these contracts are... Read More

Can I go to jail for a second offense shoplifting charge?

Answered 10 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
You'll face a misdemeanor theft charge. Jail is possible. More important though is your record. Hire a lawyer to help you through this thing.
You'll face a misdemeanor theft charge. Jail is possible. More important though is your record. Hire a lawyer to help you through this thing.
No. Once you're on probation, if a violation is filed, it can remain valid forever.
No. Once you're on probation, if a violation is filed, it can remain valid forever.

Is it right to charge me for petty theft if I didn't physically take anything?

Answered 10 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Under the facts that you set out, you can be prosecuted for aiding and abetting his theft. I would recommend retaining a lawyer to help you try to keep this thing off of your record. And no, I would not expect your allergies to be a defense to a criminal charge. Good luck.
Under the facts that you set out, you can be prosecuted for aiding and abetting his theft. I would recommend retaining a lawyer to help you try to... Read More

What will be the content of the Omnibus Hearing?

Answered 10 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Continuing on from my answer to your other question - If the court only has a few minutes scheduled for the hearing, I would guess that it's just a default omnibus. Can't be sure though without reviewing the case file.
Continuing on from my answer to your other question - If the court only has a few minutes scheduled for the hearing, I would guess that it's just a... Read More
It depends on the jurisdiction. Some counties first hold a default omnibus hearing, which is really just a settlement conference. Other counties go straight to a contested hearing where the court will hear evidence and consider your constitutional and evidentiary motions.
It depends on the jurisdiction. Some counties first hold a default omnibus hearing, which is really just a settlement conference. Other counties go... Read More
There's no such thing as "filing charges" against a person. What you can do is to report criminal conduct to the police. Cops and prosecutors will decide whether charges should be filed. Sooner the better. The statute of limitations for most low level crimes is three years, but you don't want to wait anywhere near that long.... Read More
There's no such thing as "filing charges" against a person. What you can do is to report criminal conduct to the police. Cops and prosecutors will... Read More

Where and how can I file a form to drop DANCO?

Answered 10 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Hire a lawyer to help you with this or visit the court administrator's office to inquire.
Hire a lawyer to help you with this or visit the court administrator's office to inquire.
The police might be thinking more along the lines of - do you really want to press charges against him? Do you want your brother to be charged with a felony crime that will cause him problems for the rest of his life? If he truly did steal your car, and you really want him arrested and prosecuted for a felony, then you can try to talk directly with the chief of police about your concerns.... Read More
The police might be thinking more along the lines of - do you really want to press charges against him? Do you want your brother to be charged with a... Read More

Planning to marry in US, will it be change of status(expired L1 to L2) or fresh L2?

Answered 10 years and 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
U. S. marriage documents should be sufficient in your case to show proof of marriage for L-2 approval with U.S.C.I.S. Under your plan, you would be making an application from L-1 to L-2 change of status. In our experience, the EAD can be approved approximately at the same time as the L-2 approval, but of course will not be approved until the principal application, the L-2, is approved. Your other question of whether you can travel to a neighboring country and asked for L-2 stamping on return to the U. S. could be made more complicated by the fact that it is a third country consulate and by extended questioning on the bona fides of your marriage and would not be recommended. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
U. S. marriage documents should be sufficient in your case to show proof of marriage for L-2 approval with U.S.C.I.S. Under your plan, you would be... Read More

I-94 and EAD renewal, after Passport renewal. Need Suggestions please

Answered 10 years and 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
You can file the L-2 extension request with the EAD application and hopefully USCIS will take care of both filings in short order.  If you decide to leave the country instead, you would probably want to travel outside the U. S. to places other than Mexico or Canada to ensure that your new entry is recognized on the CBP system. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
You can file the L-2 extension request with the EAD application and hopefully USCIS will take care of both filings in short order.  If you... Read More

Can I discriminate against smokers when hiring child care workers?

Answered 10 years and 7 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business Law
I am not familiar with Minnesota law, but I am unaware of any statute which contains a general prohibition against discrimination in employment, or which would require you to treat smokers equally.  While many jurisdictions have their own local laws which may expand protections, the Federal laws against discrimination in hiring generally apply only to employers of a certain size, and protect workers from discrimination on the basis of things like gender, race, national origin, etc.  If you, for example, didn't want to hire anybody who was a Red Sox fan, I know of no reason why you couldn't follow that practice.   ... Read More
I am not familiar with Minnesota law, but I am unaware of any statute which contains a general prohibition against discrimination in employment, or... Read More

Can I withdraw my guilty plea and take it to trial and how?

Answered 10 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Yes it's possible. Your attorney would need to file a motion for plea withdrawal. The court would hold a hearing. The judge would need to decide whether it is "fair and just" to allow you to withdraw your guilty plea.
Yes it's possible. Your attorney would need to file a motion for plea withdrawal. The court would hold a hearing. The judge would need to decide... Read More

Do I have to pay a fine or could it be dropped for running away from police on foot?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Your biggest concern needs to be your criminal record. You don't want a criminal conviction following you around as you try to make a good life for yourself. I recommend that you retain an attorney so that you can make sure to get the best possible outcome.
Your biggest concern needs to be your criminal record. You don't want a criminal conviction following you around as you try to make a good life for... Read More
Call Court Administration at the local county courthouse.
Call Court Administration at the local county courthouse.

If my wife is left her fathers house do I become a part owner

Answered 10 years and 8 months ago by attorney Bruce Robins   |   1 Answer
Marital property laws differ in various states, but in most states you would not be a part owner just because you're married to the owner.  In New York, for example, inherited property is separate and not part of the marital estate.  That being said, however, the only right to help in the lawsuit which you might have as a part owner but do not because you're not the owner, is the right to act as an attorney in defending the case, which would probably be a bad idea in any case.  You can be a witness (assuming that  you have personal knowledge of any relevant fact), you can help pay your wife's legal fees, you can help investigate the facts, etc.... Read More
Marital property laws differ in various states, but in most states you would not be a part owner just because you're married to the owner.  In... Read More

I have an FTA but I never received a subpoena, what will happen if I turn myself in?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Hire an attorney to try to get the warrant quashed. Wrong or right, the warrant is out there and you could be arrested any time.
Hire an attorney to try to get the warrant quashed. Wrong or right, the warrant is out there and you could be arrested any time.

Can I fight the reason why I got pulled over?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Yes absolutely. You would file a motion to dismiss on constitutional grounds. The Court would hold a Rasmussen Hearing, where the judge would determine whether the officer had the requisite reasonable articulable suspicion to conduct an investigatory stop. This stuff gets complicated quickly. Get an experienced lawyer retained to help you right away.... Read More
Yes absolutely. You would file a motion to dismiss on constitutional grounds. The Court would hold a Rasmussen Hearing, where the judge would... Read More

Does a dormant bench warrant status mean an arrest won't be made?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
It's still an active warrant. He'll be arrested if found. He should first get a lawyer and get the warrant taken care of. Then he can work on getting a reinstated license.
It's still an active warrant. He'll be arrested if found. He should first get a lawyer and get the warrant taken care of. Then he can work on getting... Read More

What are my rights against cops who entered my open garage on suspicion of DWI?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
You may have a good argument here. Possible Fourth Amendment violation. Can't know for sure though until I see the reports and the evidence in your case. Step one is to get a good lawyer retained.
You may have a good argument here. Possible Fourth Amendment violation. Can't know for sure though until I see the reports and the evidence in your... Read More
Legal fees can very drastically. I recommend calling a couple of attorneys. Describe your situation and ask for price quotes.
Legal fees can very drastically. I recommend calling a couple of attorneys. Describe your situation and ask for price quotes.

Does a cop have to catch you driving without a license to give you a ticket?

Answered 10 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Maybe. The state would need to have evidence that proves beyond a reasonable doubt that you were in fact driving. That evidence doesn't have to be first hand observation by the officer. The state can use evidence obtained from witnesses or other sources.
Maybe. The state would need to have evidence that proves beyond a reasonable doubt that you were in fact driving. That evidence doesn't have to be... Read More

Can a victim of domestic violence refuse to testify?

Answered 10 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Possible. The prosecution can subpoena you. Have a lawyer help you navigate the process. There are ways to try to avoid being forced to testify.
Possible. The prosecution can subpoena you. Have a lawyer help you navigate the process. There are ways to try to avoid being forced to testify.

Should I try to fight getting out of a minor consumption for a refusal?

Answered 10 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Yes, it might be worth fighting. You don't want to be convicted of a crime over something like this. It sounds like perhaps the police don't have any evidence that you had alcohol in your system? Did you make any admissions? Are you over 18?
Yes, it might be worth fighting. You don't want to be convicted of a crime over something like this. It sounds like perhaps the police don't have any... Read More

Is trial the way to go in an auto accident with criminal charges?

Answered 10 years and 10 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
I would not recommend a public defender for this. You are facing some serious charges, as I'm sure you have already figured out. Some public defenders are awesome lawyers, but they are stuck with way too many cases and way too many clients. You should pay a private attorney to give the time and attention that is needed for your case. Trial might be the right answer, but you won't know until your attorney digs in.... Read More
I would not recommend a public defender for this. You are facing some serious charges, as I'm sure you have already figured out. Some public... Read More