Skip to main content
Maury Devereau Beaulier
Avvo
Pro

Maury Beaulier’s Answers

5,153 total


  • How do I identify anonymous harassment?

    I need to identify the persons responsible for online harassment and slander. I plan to get subpoena power by filing a harassment restraining order against "unknown individuals" but I need to know what language/terminology to put down on the subpo...

    Maury’s Answer

    First, if they're not contacting you directly, it is unlikely to be considered harassment. In fact, freedom of speech would allow them to post information on the Internet as long as they're not contacting you by email, text, phone or somehow directly.

    Second, potentially the information included online could be defamation which could give rise to a defamation lawsuit, but that appears unlikely

    See question 
  • As long as he makes his paymens will they try to take his house he has 25000 in equity

    My son was recently ordered to pay large criminal restitution order.

    Maury’s Answer

    First, restitution is paid to a victim. It is not secured by any asset but , if it is reduced to Judgement, it can be collected as any other judgment,. Generally, a homestead would be exempt fro such collection.

    Second, whether there is a criminal forfeiture action regarding the house is another matter entirely. If the house was used as part of a criminal offense (Manufacturing or selling drugs), the municipality could seek to forfeit the asset as part of a forfeiture proceeding.

    See question 
  • How or whst csn i do live in mn

    I have been taking care of my 6 year old great grest nephew for about 6 monthes while the mother run around with her boy friend she don't buy him clothes nor foes she feed him dhe might see him maybe 4or5 times a month she give no money for him i ...

    Maury’s Answer

    I am sorry to hear about your circumstances. You may file a n action seeking third party custody in court. You should certainly discuss this with an attorney.

    See question 
  • Will there be action from the court regarding a fairness of the trial and unbiased jury members?

    A defendant's ex-wife's, cousin, works at a small boutique with a woman whose best friend was reportedly on the defendants jury. The ex-wife believes her ex husband on trial is guilty based on news articles she read. Her beliefs have been passed o...

    Maury’s Answer

    First, what you are suggesting is a motion for a new trial or for post conviction relief. Whether that would be appropriate or possible would require greater investigation. Presently, you speculate that informatoin was passed without knowing that is true or if it affected the jury and its deliberation. THat kind of speculation, without more, would not likely have an impact on the case.

    See question 
  • Is that legal within the age of consent laws in here in mn?

    I work at the college in Brainerd Minnesota, and there are a pair of students that are dating. One of them is 21 and the other is 17

    Maury’s Answer

    Generally speaking, the age of consent is 16. However, charges may apply if somebody is 36 months or older and in a position of authority such as a coach, teacher, A priest, a doctor, or something in that regard

    See question 
  • Even though I technically admitted to the crime, can arguing this be sufficient for the judge to throw the case out?

    I got pulled over for not having my headlights on and the officer smelled marijuana so I admitted to having a small amount leading to a small possession charge. He wrote me a ticket and let me go, but he did not write me a ticket for the initial r...

    Maury’s Answer

    The officer does not have to charge you based on the reason you were stopped. That is not a defense to the crime. Other defenses may apply and you should speak with an attorney

    See question 
  • What are my options of giving up visitation/rights/custody without paying so much that I lose my house and all that I worked for

    I got joint custody of my son when he was 3 because i was unaware the he existed until then. Mom wanted support. He doesn't fit in like I thought he would. I can't feel love for him and it's obviously hindering him. All of my immediate family is s...

    Maury’s Answer

    First, what a sad set of circumstances where you acknowledge less love for a child. If that is the case, then the child truly does belong in a different custodial /parental environment. Parenting isn't all unicorns and rainbows. It does take work.

    Second, custody and parenting time can be changed at any time based on agreements of the parties. If you have an agreement, it can be drafted into a stipulation and Order and submitted to the Judge for signing.

    Third, there is a consequence to parenting time changes when they are substantial and impact child support. Child support is determined based on the income of both parents and the amount of parenting time each spends with the child. Those factors would have to be known to calculate support.

    See question 
  • What can I do to see my kids per the order

    My ex-husband will not let me see my kids per the Court Order and I need help to understand.

    Maury’s Answer

    I am sorry that you are having these difficulties. However, more would have to be known about the existing curt order and current circumstances. In most cases, you would file a Motion seeking a Finding of Contempt and remedial measures such as compensatory parenting time for any time mussed.

    See question 
  • What are my options for getting my money back? Is my best option pursuing this in conciliation court?

    I am a freelance designer who worked for a client for many years. Last June, his company, an LLC, had to close for loss of customers and revenue. I believe he has since taken a position with another company in house. He left me with 11,000 dollars...

    Maury’s Answer

    With whom did you have a contract, the business or the individual? If it was the business, you may only collect against the business. If the business is out of business, there is likely nothing to collect.

    See question 
  • Question are in "Explain your situation." Thank you for your help and advice.

    I was wrongfully given a Disorderly Conduct on 12/25/15 in Minnesota. I currently live in California and was visiting my family for the holidays. The police booked me because I was a California resident (out of state). My court date is set for Mar...

    Maury’s Answer

    You appear to have the options covered. Check around by calling lawyers here on AVVO. You may be able to locate an attorney that will charge a fee for each appearance which may reduce the legal fees if you can resolve the case early.

    You cannot use a California attorney unless they are licensed in Minnesota. Even then, it may be difficult if an appearance is required. If you do not appear, a warrant will issue for your arrest. That can create many problems moving forward.

    See question