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Maury Devereau Beaulier

Maury Beaulier’s Answers

4,908 total

  • Can the police send a case to the district attorney after they wrote him a ticket, they indicated that ticket was incorrect.

    My son just turned 18. He had a party at my home as he still lives with me. He received a ticket for a Minor Consumption and 2 PM's for Drug para & marijuana. He didn't admit to the drugs or the paraphernalia being his that were found in my home (...

    Maury’s Answer

    It is not uncommon to void the citation and send the matter over to the prosecutor for morel charges. Police may certainly conduct a search where there is consent. There is nothing that precludes them from saying they will otherwise acquire a warrant. Certainly, your son could have required them to do so. You should have an attorney review the matter in more detail

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  • My fiance got a DWI in 2006 as a minor. He just got another this past Friday night. Will the first affect him now?

    My fiance got a dwi in 2006 and a minor. He hasn't been charged with dwi since then and just got picked up in our driveway Friday night. According to the jails website he is being charged with 4th degree dwi. However I have people telling me that ...

    Maury’s Answer

    First, a second DWI offense within 10 years of a first would properly be charged as a 3rd degree offense which is a gross misdemeanor carrying with it penalties of up to 1 year in jail and a $3000 fine. There is also a separate civil case. Your fiance must challenge the license revocation within 30 days from any notice of the revocation in order to preserve his driving rights.

    There may be any defenses to the charge, particularly if he was approached in his own driveway. Obviously, the circumstances would be critical. He must immediately consult with an experienced DWI lawyer.

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  • What can be done about my girlfriends order of protection not being enforced by the police?

    In the order or protection it clearly states that. "Respondent is ordered not to ship, tranport, possess, or receive any firearm or ammunition for the duration of this order." after bringing pictures of the respondent having a pistol in a vehicle ...

    Maury’s Answer

    Your post is not particularly clear. However, it does not appear as if you are a party in interest If the restraining order involves your girlfriend, then it is she who must take some action. There is no way to know whether a photo on snap chat or any other social media outlet is violating a court order regarding possession of a weapon since there is no real way to verify whose weapon it may be or when the photo was taken.

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  • Is it possible?

    There has been an active Order of Protection here in Minnesota which expires July 31st. My ex-wife (who the order is protecting & her children which 1 of them is mine) has claimed that she has gotten another order from where she lives (state of M...

    Maury’s Answer

    These are serious issues. To now whether or not there has been a restraining order issued in Montana, you should consult with an attorney in that state. It is certainly possible that a service may be affected at the last known address, but it is not particularly likely for something as significant as a Terminating Parental Rights. Nonetheless, you must retain a lawyer for a matter so serious and with such long lasting implications.

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  • How do you ask for a continuance? I need to move my upcoming motion hearing date what do I put in the request letter?

    I currently lost my attorney and now I need to move my motion hearing date, can someone give me advice on how to write it correctly.. thanks!

    Maury’s Answer

    The answer depends on who scheduled the hearing, whether anything has yet been filed and more. In some cases, you must have an agreement from the opposing party or their counsel or you must file a Motion with the court. I would strenuously suggest retain a lawyer.

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  • Does stay of execution vacated and annulled mean that the county would like to execute my entire sentence or just part of it?

    Im on probation sentenced to 19 months prison with a stay of execution. I violated my probation by getting another dwi and received a letter with a court date saying the county requested and the judge ordered the stay of execution to be vacated an...

    Maury’s Answer

    If execution was stayed, on a probation violation, the court may impose any part of that stayed sentence,

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  • What is the Mn statute that grants custody to a father simply by being married to the mother at the child's birth?

    In other words, when a married couple has a biological child together both parents possess equal custody rights. Where does it say that in Mn statutes? Everyone I ask say it does not and it's presumed. I need a legal Affidavit describing this stat...

    Maury’s Answer

    • Selected as best answer

    Your question is unclear and ou should be retaining counsel if you are involved in a legal proceeding. There is no such statute and there should be no reason that you would have to file such an affidavit.

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  • Divorce case has been reopened, due to fraud. Can either of us get remarried in another state during this process?

    He was convicted with fraud and recently just reopened. He plans to remarry with in a week in Wisconsin. We were divorced in 2013.

    Maury’s Answer

    The answer depends on whether the entire divorce case was reopened or whether certain aspects of the decree were reopened related to property division or other issues. A determination would require a review of the court orders. If you remain married, you cannot marry someone else in this state or another.

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  • I recieved emergency food stamps for me and two kids that don't live with me in Minnesota

    The investigator came and asked me questions i only answered and said they don't live with me n he gave me a privacy practices paper with illinois phone numbers because thats were the kids live and left i called the aid office trying to talk and t...

    Maury’s Answer

    You will likely be charged with a felony for illegal receipt of public assistance. You should make no further statements to police or others regarding this matter and you should immediately consult with an experienced lawyer.

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  • Will I get full custody of my 5 y.o. if ex-gf gets married and is pregnant?

    Me and the ex-gf broke up, we are in a legal battle for joint custody but now I want to get full custody because her boyfriend now is living with her and I have no idea who he is. Also, I believe she is pregnant. What are my chances of winning a...

    Maury’s Answer

    You may certainly file an action for custody. However, the fact that you don't know who her boyfriend may be is really not a large factor. You must concentrate on the 13 factors specified in Statutes.

    As part of that proceeding, the Court will hold several hearings and there may even be alternative dispute resolution procedures such as Mediation or a Social Early Neutral Evaluation to assist the parents in reaching agreements on the issues. If agreements cannot be reached, the matter will proceed to a trial.

    In any case for an original determination of custody, the court makes its ruling based on a "best interests of the child" standard. A court can makes its determination based on any facts that affect the wellbeing of the child in addition to 13 factors set forth in Minnesota Statutes. How arguments are framed in conjunction with the statute may be critical to the outcome.

    The statutory factors are, as follows:

    1. the wishes of the child's parent or parents as to custody;

    2. the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;

    3. the child's primary caretaker;

    4. the intimacy of the relationship between each parent and the child;

    5. the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

    6. the child's adjustment to home, school, and community;

    7. the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

    8. the permanence, as a family unit, of the existing or proposed custodial home;

    9. the mental and physical health of all individuals involved; except that a disability, as defined in section 363.01, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;

    10. the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;

    11. the child's cultural background;

    12. the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and

    13. except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

    You should retain experienced counsel.

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