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Arens Dilaveri

Arens Dilaveri’s Answers

23 total

  • I really need to know what's going to happen to us...

    My friend and I were just charged with Terroristic Threats and 1st Degree Damage to Property. We shot bb guns at cars from the woods when they drove by... we didn't know it would do hardly any damage. We had no intention of harm or anything... We'...

    Arens’s Answer

    First, do not write on the internet statements that could later be used against you.
    Second, these are serious felony charges and there is no straight answer to your question. What will happen will depend on the unique facts and circumstances of your case, and your grades and lack of prior records is something the Court will consider at a potential sentencing. Contact me so that I can get a few more details from your case and I may be able to give you a better answer.

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  • What can or should i do?

    I recently moved out of a townhome and there are damages to the place. (couple of holes in the wall, the closet door was broken and one bedroom door had a hole. According to the lease agreement i signed stated that the deposit/damage deposit is th...

    Arens’s Answer

    Any damages made to the townhome beyond normal wear and tear would be your responsibility. And if the cost to repair the damages exceeds the security deposit, then you'd be responsible for the difference as long as the repair costs were reasonable. Depending on the amount that is being asked of you, the landlord may file an action in small claims court. If that happens you should be prepared to challenge the costs to fix the damages if they appear to be unreasonable.

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  • In Minnesota, is it legal for a 17 year old to be in a sexual relationship with an 18 year old?

    parents concent and so does said 17 year old.

    Arens’s Answer

    As long as she was over 16 and you were not in a position of authority over her, then it is not illegal.

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  • X3120 Crm Agnst Admn

    Can you please explain more what this charge is?

    Arens’s Answer

    I don't know what the X3120 stands for, but Crm Agnst Admn stands for Crimes Against the Administration of Justice. Some of them are Perjury, Fleeing, Tampering with Witness, Providing False Name, Falsely Reporting a Crime etc. It seems to be missing the statute number. They fall between 609.48 to 609.515.

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  • My ex--wife has a vehicle that is suppose to be out of my name

    We divorced in feb. and in the decree she was to refinance a vehicle to have my name removed and has yet to do it. Is there anything i can do to have my name removed because of the terms of the divorce? The vehicle has a lien against it and I am a...

    Arens’s Answer

    Do the terms of your divorce indicate how long she has before she refinances? If so, and she has not complied with them then you can bring a contempt action to enforce the Court order. Otherwise you can contact the vehicle's lien holder and see if they can work with you on removing your name. Unfortunately, they do not have to, and often time do not.

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  • Okay i got caught for fleeing On foot, minor consumption, minor posession, and Obstructing legal process

    Isthere anyway i can get jail time for this i had a clean record before?

    Arens’s Answer

    It depends on a lot of factors, including whether you are charged as an adult or in Juvenile Court, but if you are charged as a juvenile and have no other record before or after this incident, than probably not.

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  • When to expect a court date?

    I received my first DWI last Thursday in Washington Couny; it will be a 4th degree DWI. When can I expect to go to court? Do I only have to go once? If it's scheduled for a date for which I'm scheduled to be out of town for work, is it possible ...

    Arens’s Answer

    If you were issued a ticket, then it should have the date and time on it. If by some chance you are being charged by complaint (rare in a misdemeanor case) then the complaint should give you a date and time to appear. At the hearing, before your case is called, you, and everyone in the courtroom, will be informed of your constitutional rights.
    I'd recommend you not show up alone for this hearing - and if you get a lawyer he or she can "appear" in your behalf for this hearing so you don't have to miss work - but if you do show up by yourself at the very least ask to speak to the prosecutor to see what deal he/she is offering. You will only need to appear once if you are pleading guilty and yes and can ask and obtain a continuance if you're scheduled to out of town for work. Be sure to ask for it in plenty of time before the hearing.
    However, you should not plead guilty until you, or your attorney, have had an opportunity to review all the evidence in your case. Unfortunately, having all the evidence by the time of the first hearing is not possible sometimes, and by pleading guilty you would have waived all challenges to the stop, the probable cause determination and so on.

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  • Does a Misdemeanor qualify for Expungement or Pardon?

    Hi My son was born with Autism and, as his parent and legal guardian, I was the Responsible Party or signer for his Personal Care Attendant (PCA) services. The PCA didn’t fill out the timecards properly and over a 3 yr period the times he reported...

    Arens’s Answer

    Currently in Minnesota there is no automatic expungement right for a crime in which you plead guilty to whether it is a misdemeanor or a felony.
    You can certainly petition the Court to have the misdemeanor expunged based on the fact that it is disqualifying you from obtaining certain jobs, however the prosecuting authority can object to it and ultimately the judge will decide whether to expunge your record or not.

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  • Serving Alcohol to a Minor in Minnesota

    I was caught selling alcohol to a minor in a sting operation. It was a momentary lapse of judgement, I honestly thought I had just served the individual so I didn't card him. In any event, I have a clean criminal record, this is my first offense...

    Arens’s Answer

    Serving alcohol to minors, unfortunately, is deemed to be a serious charge - a gross misdemeanor. Depending on the prosecutor and/or the judge, it is possible for this to be converted to a misdemeanor or potentially a petty misdemeanor and you would just have to pay a fine and be done with it. An attorney may be helpful in working with the prosecutor to keep this off your record, since you're stating you have a clean history.

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  • Can i move?? 2

    if the father of my daughter is granted joint custody, does he have a say of where i can and cannot move if it's within the state region??

    Arens’s Answer

    I am unclear from the question if he was granted joint legal or joint physical custody. Any move that interferes with the other parent's parenting time will be difficult. If he was granted joint physical custody, then presumably his parenting time would be close to 50/50 and a move would certainly interfere with it. If on the other hand he was granted joint legal custody and every other weekend parenting time, you could potentially move while at the same time keeping his every other weekend parenting time the same.

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