Top Questions For Minnesota Criminal Defense, Employment Law, Family Law, Personal Injury and Social Security

On Behalf of | Apr 18, 2023 | Criminal Defense, Employment Law, Family Law, Personal Injury, SSDI

Whether you need an attorney for the first time or you’ve had to use an attorney’s services, you always have questions. In this FAQ, we’ll answer the top questions our clients ask.

Criminal Defense

I’m in Jail. Do I Have to Answer Questions?

No. All you need to say is that you would like to call your attorney. Contact us as soon as the police allow you to make a phone call, regardless of the time of day.

My Lawyer Was Not Able to Be At My Arraignment. What Do I Do?

While it is rare that a written plea has not been filed prior to your arraignment, documents may not make it from the clerk to the judge in those rare cases. Advise the court that you retained us and that we will be entering a plea and a request for discovery. If you have not retained an attorney, advise the court that you are retaining an attorney and would like to speak to us before entering your plea.

My Bail Is High. Can You Get It Reduced?

That depends on your circumstances and what you were arrested for. In many cases, we can ask for a lower bail amount or to have you released on your own recognizance.

Employment Law

I Left My Job, and My Employer Owes Me Sick Leave and Vacation Pay But Has Not Paid These Benefits.

Minnesota requires that employers must pay benefits within 30 days of their due date. An employment attorney can help you file a claim to get any benefits owed to you.

Does My Employer Have to Tell Me Why I Was Fired?

Minnesota is a work-at-will state, which means that you can quit, or your employer can fire you for any reason at any time. If you were fired, you have 15 working days to request a reason for your employer firing you. Your employer has 10 working days from the time it receives your request to give you a reason for firing you. The employer must provide a truthful reason in writing.

The Board for My Profession is Considering Revoking My License. What Do I Do?

Contact an employment attorney to discuss your situation. Different professions have different levels of professional responsibility. We will review your case and help you choose the best course of action to try to protect your license from revocation or suspension.

Family Law

My Spouse Filed Divorce. What Is My First Step?

You have a limited amount of time to respond to the Petition for Dissolution. Contact a family law attorney as soon as possible as we need time to review your case and craft a response and counter-petition.

My Spouse Is Threatening To Take All of My Income for Child Support. Can He or She Do That?

No. Minnesota statutes dictate a formula based on both parents’ gross income for paying child support. Both parties must submit a verified family law financial affidavit and financial documents proving income so that the child support is fair for both parties.

My Spouse Filed for Divorce, but I Don’t Want a Divorce.

Minnesota is a no-fault divorce state. Your spouse only has to allege irreconcilable differences to get a divorce. The courts will not force parties to stay married if one of the parties does not wish to remain married.

We Both Want a Divorce and Agree on Division of Property, Child Custody, and Support. Do We Have to File With the Court?

Yes, but you can file an uncontested divorce (mncourts .gov/help-topics/divorce.aspx) (joint petition) with a marital settlement agreement. This process is much shorter than a contested divorce since both parties agreed to everything. You still need to file the Petition for Dissolution, an Answer, the financial affidavit, and child support guidelines. But, you will get to the final hearing sooner. The final hearing is a very short hearing in front of a judge to “prove” the divorce.

Personal Injury

What Do I Tell An Insurance Company After a Car Accident?

Very little. Keep in mind that insurance companies are in business to make money. They often twist your statements in an attempt to deny your claim or to pay out as little as possible. When you contact an insurance company, give it your name, policy number if you have it, the date, time, and location of the accident, and your attorney’s contact information. When pressed for details of the accident, tell the representative that your attorney will contact her shortly.

My Neighbor’s Dog Bit Me. What Do I Do?

Contact a personal injury dog bite lawyer for a free consultation. An attorney can help you work with the insurance company to obtain the money needed for your medical expenses that are related to the dog bite.

How Much Is My Case Worth?

It depends on the extent of your injuries. You can collect economic and non-economic damages from the at-fault driver. If you have long-term or permanent injuries because of an accident, you may be entitled to future lost wages, pain and suffering, money for loss of companionship, emotional distress, and more.

Social Security Disability Claims

Should I File a Social Security Disability Claim Myself?

The state denies a high percentage of social security disability claims. While you do not need an attorney to file the initial claim, you may avoid having to go through the appeals process if you have an attorney help you.

My Doctors Expect Me to Go Back to Work in a Few Months. Can I Still Get SSDI?

No. Social Security will only consider your application if your disability is long-term or permanent. The Social Security Administration considers a long-term or permanent disability as one lasting longer than 12 months or one that is expected to result in death.

What Is a “Severe” Medical Condition?

The Social Security Administration will only process your claim if it believes your medical condition is severe. This includes a significant limitation on standing, sitting, walking, lifting, and remembering. Your disabilities must also be expected to last at least 12 months.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.