Minnesota Recent Legal Answers from Lawyers

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432 legal questions have been posted about by real users in Minnesota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Minnesota Recent Legal Answers from Lawyers
Page 8 of lawyers' answers to legal questions about Minnesota.

Recent Legal Answers

Can I be forced to testify against my spouse, who is charged with assaulting me?

Answered 9 years and 2 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
First, I would strongly recommend that you sit down for a private consultation with an experienced attorney. It would likely be to your benefit for you to hire a lawyer to represent you - to help you exercise your rights. Generally, Minnesota does have a spousal privilege that prevents one spouse from being compelled to testify against the other. There are exceptions to that privilege however. One of those exceptions applies when it is alleged that a crime was committed by one spouse against the other. That exception may apply here.... Read More
First, I would strongly recommend that you sit down for a private consultation with an experienced attorney. It would likely be to your benefit for... Read More

How long will a misdemeanor stay on my record?

Answered 9 years and 2 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Yeah. If you simply pay the ticket it will go on your driving record and remain there indefinitely. Instead, get help from a lawyer. Your goal should be to keep the offense off of your record.
Yeah. If you simply pay the ticket it will go on your driving record and remain there indefinitely. Instead, get help from a lawyer. Your goal should... Read More

What is the max jail sentence for a felony probation violation?

Answered 9 years and 3 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
It depends on the length of the stayed prison sentence that the judge ordered. Any attorney could look it up for you. Often it's a 144 month sentence, or 12 years, but I don't know if that's true in your case.
It depends on the length of the stayed prison sentence that the judge ordered. Any attorney could look it up for you. Often it's a 144 month... Read More

if i entered a marriage in good faith,and idid't get my citizenship because my marriage fail,how long do i have to wait to get it?

Answered 9 years and 3 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Are you already a lawful permanent resident? If so, you may apply for naturalization once you have been a green card holder for five years. The application may be filed up to 90 days in advance of your fifth anniversary. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More
Are you already a lawful permanent resident? If so, you may apply for naturalization once you have been a green card holder for five years. The... Read More

Can police do an inventory search of my car without my knowledge?

Answered 9 years and 3 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
No, the police should not be able to do an inventory search under there circumstances. They would need probable cause, and they'd need to use that probable cause to obtain a search warrant from a judge. You should have a lawyer look at all of this for you. Can be the same lawyer that you retain to represent you in your pending criminal case.... Read More
No, the police should not be able to do an inventory search under there circumstances. They would need probable cause, and they'd need to use that... Read More

What can I do if I was accused of possession of stolen property but I had no idea it was stolen?

Answered 9 years and 4 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Law
You should hire a lawyer to get this relatively minor charge dismissed or infracted. By yourself you're going to get a criminal record and it isn't worth it.
You should hire a lawyer to get this relatively minor charge dismissed or infracted. By yourself you're going to get a criminal record and it isn't... Read More
No, I would bet that they will pursue another violation now for absconding from the workhouse. And yes, you can be charged with another crime - escape from custody. Get a lawyer retained right away.
No, I would bet that they will pursue another violation now for absconding from the workhouse. And yes, you can be charged with another crime -... Read More
It appears that this case will come down to whether the government can prove that you were "in possession" of the gun. Felon in possession is an extremely serious charge. If you're charged with the offense that I assume that you are, it comes along with a mandatory five year prison sentence. I recommend that you get an experienced criminal defense lawyer retained right away.... Read More
It appears that this case will come down to whether the government can prove that you were "in possession" of the gun. Felon in possession is an... Read More
Should be 48 hours max. He needs a lawyer and quick.
Should be 48 hours max. He needs a lawyer and quick.
It is best if you enter together. The principal immigrant should enter first if the entire family cannot enter together. 
It is best if you enter together. The principal immigrant should enter first if the entire family cannot enter together. 

What would be my options and consequences for a petty theft?

Answered 9 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
It's not a petty theft. It's a misdemeanor crime. All thefts start out at a minimum of misdemeanor level. I recommend that you retain a lawyer to help you through this case. Even though you are required to appear in court, your lawyer will still try to do something to keep this crime off of your criminal record and keep you out of jail.... Read More
It's not a petty theft. It's a misdemeanor crime. All thefts start out at a minimum of misdemeanor level. I recommend that you retain a lawyer to... Read More

What is an A&D hold and how long will he sit before court?

Answered 9 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Usually an "A&D" refers to an arrest and detain warrant. Now that he's in jail, the A&D hold usually means that he doesn't have an option for release on bail. If he got 60 days on the last probation violation, they're probably going to want much more on this next one. Make sure your husband is represented by an experienced criminal defense lawyer.... Read More
Usually an "A&D" refers to an arrest and detain warrant. Now that he's in jail, the A&D hold usually means that he doesn't have an option for release... Read More
If you don't turn yourself in, then there will be a warrant out for your arrest. The police might just come out and grab you and bring you to jail. What you should do is to retain a lawyer to help you through this. It sounds like they think that you violated the terms of your probation. You can take some steps aimed at improving your outlook on this. Your attorney will help you.... Read More
If you don't turn yourself in, then there will be a warrant out for your arrest. The police might just come out and grab you and bring you to jail.... Read More
You really need to get a well experienced DWI lawyer retained to represent you. Call around and see if you can find a price and payment arrangement that you can work with. None of the circumstances you describe would render the urine test in admissible. They don't have to arrest you or jail you or read you your rights before taking a urine test. However, the state of the law on blood and urine tests is still up in the air. You need a lawyer that knows what they're doing to raise the right challenges for you. Don't just assume that you have to plead guilty.... Read More
You really need to get a well experienced DWI lawyer retained to represent you. Call around and see if you can find a price and payment arrangement... Read More
As you are in Minnesota, you would be filing your asylum claim at the Nebraska Service Center of U.S.C.I.S. at:   Nebraska Service Center U.S.C.I.S. PO Box 87589 Lincoln, NE 68501-7589   There is no address for e-filing asylum cases.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
As you are in Minnesota, you would be filing your asylum claim at the Nebraska Service Center of U.S.C.I.S. at:   Nebraska Service... Read More

What will my punishment be for 2nd theft charge?

Answered 9 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
A second time theft gets more serious. You don't want this thing on your record, and you want to avoid possible jail time. Have a lawyer help you.
A second time theft gets more serious. You don't want this thing on your record, and you want to avoid possible jail time. Have a lawyer help you.

An appropriate space to express/pump breast milk in a work place?

Answered 9 years and 6 months ago by Thomas Alan Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Labor and Employment
I hope you have already resolved this with your employer. If not, you should know that the legal requirement is the "The employer must make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet, where the employee can express her milk in privacy.The employer would be held harmless if reasonable effort has been made." There is an exception where providing the break would "unduly disrupt" the employer's operations. So, there are some minimum standards, but beyond that, the question is basically whether the employer's efforts are "reasonable." The law also says that "An employer may not retaliate against an employee for asserting rights or remedies under this section." Furthermore, if they don't comply or if they retaliate, you have a right to "bring a civil action to recover any and all damages recoverable at law, together with costs and disbursements, including reasonable attorney's fees, and may receive injunctive and other equitable relief as determined by a court." So, if you believe the employer has not acted reasonably here, you should push them for a different space that reasonably meets the minimum requirements. If they retaliate or fail to act reasonably, then you should consider taking them to court as allowed by the statute.... Read More
I hope you have already resolved this with your employer. If not, you should know that the legal requirement is the "The employer must make... Read More

Can a DANCO order be dropped if it was not requested at the first hearing?

Answered 9 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Have a lawyer help you. Either hire one of your own or reach out to the defendant's attorney. Either way, a request should be submitted to the court and you should have a chance to stand before the judge and make your request.
Have a lawyer help you. Either hire one of your own or reach out to the defendant's attorney. Either way, a request should be submitted to the court... Read More
It may, yes. Review Minnesota Statute 624.713. Look at subdivision 4. There is a three year waiting period. This only applies to misdemeanor and felony offenses though.
It may, yes. Review Minnesota Statute 624.713. Look at subdivision 4. There is a three year waiting period. This only applies to misdemeanor and... Read More

What are the process I should take to get my partner who's on a student visa to get permanent residency in us

Answered 9 years and 6 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Assuming you are a U.S. citizen or lawful permanent resident, you will first need to marry. Once married, you may file an immigrant visa petition for your spouse. Your spouse may be able to file a contemporaneous application for adjustment of status to lawful permanent resident depending on your immigration status. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More
Assuming you are a U.S. citizen or lawful permanent resident, you will first need to marry. Once married, you may file an immigrant visa petition for... Read More

H4 to F1

Answered 9 years and 6 months ago by attorney Alan Lee, Esq.   |   2 Answers   |  Legal Topics: Immigration
You can submit your change of status application at this time with I-94 and receipt of current filing. U.S.C.I.S. looks at your pending application to see whether it is approvable. If it is, the agency will consider you in status for the change of status application. You can of course also wait until there is an adjudication on the pending H-1B/H-4 applications before submitting your application for change of status to F-1. That choice is up to you.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 submit your change of status application at this time with I-94 and receipt of current filing. U.S.C.I.S. looks at your pending application... Read More
It depends on the specific felony you're convicted of. Some result in a lifetime ban. Others do not. If you are subject to a lifetime ban, it may be possible to petition the court for restoration of your rights.
It depends on the specific felony you're convicted of. Some result in a lifetime ban. Others do not. If you are subject to a lifetime ban, it may be... Read More

What can we expect from my daughterโ€™s marijuana charge?

Answered 9 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
The offense called Sale/Possession of a Controlled Substance will appear on her driving record. Yes, it will very likely cause an increase in insurance rates. Yes, it may make it more difficult for her get driving jobs, or even other types of jobs. Drug offenses can also impact a person's ability to obtain federal student loans. There may be a chance to reopen the case and get a deal instead that keeps the offense off of her record. Get help from from an experienced lawyer on this.... Read More
The offense called Sale/Possession of a Controlled Substance will appear on her driving record. Yes, it will very likely cause an increase in... Read More

Is 2.5 year probation for a fifth degree controlled substance charge a good deal?

Answered 9 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
Impossible to say without knowing much more. Are they giving you a probation deal that keeps the felony off of your record? Or are you going to be convicted of the crime?
Impossible to say without knowing much more. Are they giving you a probation deal that keeps the felony off of your record? Or are you going to be... Read More

What do I do and say in court after I was charged with theft?

Answered 9 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Law
I know you say that you can't afford a lawyer, but I have to tell you that hiring a lawyer is exactly what you should be doing right now. You want to make sure that you're not convicted of this crime. You don't want this thing on your permanent record. Hiring a lawyer may be more affordable than you think and some of us are willing to accept credit card payments or payment plans.... Read More
I know you say that you can't afford a lawyer, but I have to tell you that hiring a lawyer is exactly what you should be doing right now. You want to... Read More