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Avery Lorin Ethan Appelman

Avery Appelman’s Answers

6 total

  • Is there something I can fight?

    I was arrested for driving without a license and sent to Ice, had to pay a bond to get out from jail, I entered ilegally into the US and lived in US for more than ten years; I'm living with my partner who is a permanent resident and is in the pro...

    Avery’s Answer

    You most likely need to speak with an immigration attorney. I would be happy to refer you to one.

    Feel free to give me a call: (952) 224-2277.

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  • Ticketed for inattentive driving, semaphore violation, box checked for endangered life/property

    Coming home from work, under speed limit. Light turned yellow. Braked, slid to stop in intersection. Accelerated to get out of intersection. T-boned by second car through. Cop cited me for inattentive driving, and what was written as a semaphore...

    Avery’s Answer

    You have been charged with a misdemeanor level violation, punishable by 90 days in jail and a $3,000.00 fine. Do I believe you will serve jail time or pay a $3,000.00 fine: NO I do not. Do I believe that your insurance premiums will increase if you are not vindicated and your insurance company has to pay for the damage to your and the other motorist's vehicle: Yes I do.

    Let's start with the concept that it is never a good idea to represent yourself. You are not objective, you lack an ability to see all the facts without emotion. If you can view this situation as a business transaction, one in which negotiation and persuasion carry the day, absent emotion, then perhaps you can move forward pro se. But I do not recommend it.

    Your case will progress through the criminal justice system like any other. The first appearance is an Arraignment. You will be asked to enter a plea of guilty or not guilty and to identify yourself for the record (relay your full name, DOB and address). You will most likely not want to discuss the case at this point, as you need to obtain a copy of the State's discovery (any and all information the state has in it's possession that it believes tends to prove you guilty of the offense: think police reports, audio or video recordings, witness statements). Once you have reviewed those documents, you should talk to any witnesses and take a full and complete detailed statement from them. Only then are you prepared to discuss your case with the State. Be prepared for that discussion and outline your main points quickly, then suggest to the City Attorney what you believe to be the appropriate result. If it is a dismissal, be prepared to hear "No."

    My law firm handles all sorts of traffic violations all over the State of Minnesota. If you would like a free consultation, do not hesitate to call me at (952) 224-2277

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  • MN Criminal Expungement and DHS disqualification

    I was charged with criminal fraud. Prior to the omnibus, the DA dismissed case. I went with the expungement. I just received an appeal to the expungement from DHS. What now? There are all types of statutes listed that I do not understand. The...

    Avery’s Answer

    Expungements in this state are extremely difficult to obtain. As I have written before, your criminal case must be "resolved in your favor" for you to qualify for an expungement at law, meaning the Court would, under most circumstances, have to grant the expungement. In your case, the fraud charges were dismissed as such the case was resolved in your favor and you should be entitled to an expungement.

    The real question you raise is about a collateral civil consequence to being charged with fraud and presumably felony level offense. The MN Department of Health is charged with ensuring proper care is provided to sick, disabled, and elderly people. They control this process through licensure. You have an issue with your employer being unable to permit you to work in direct care due to the presence of your fraud record, and DHS policy to prohibt people with certain offenses from providing care. What can you do?

    You are in a nightmare situation. This problem is a direct result of one arm of the government (court system) not communicating with the other (Dept. of Health). You need to ensure your criminal case records are in order, and that you have certified records showing your case was dismissed. You need to continue with the expungement process, following all of the proper procedures to ensure it is filed correctly and all parties are served.

    Simultaneously, you can demonstrate to the DHS that your case was dismissed. Send a letter to the person reviewing your situation and schedule a meeting and show them all of your documentation.

    If you need help, I have handled many of these types of cases for nurses and private in-home care providers. You may contact me any time for a Free Consutlation.

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  • Cr/cl pro bono attorney needed near Red Wing, MN How do I find one in the area. Need asap as court dates are coming. Expunge.

    Charged criminally (fraud) - dismissed. Going for expungement, but have an appeal against that. Now civilly being sued on same case. HELP! Qualified for PD and now for Pro Bono per standards. Legal Aid of no assistance. This is a railroad jo...

    Avery’s Answer

    You seem to have many moving parts with this aspect of your life. I realize how challenging this may be, especially for someone confronted with these issues who lacks the resources necessary to hire the appropriate help.

    Here are some tips: If your criminal case was dismissed (without any form of guilty plea), then your criminal case was "resolved in your favor." As such you are legally entitled to an expungement, the sealing of all criminal and court records including identification and photographs taken in connection with this offense. Minnesota Statutes make such an expungement virtually automatic. There is a process to seeking an expungement and you MUST follow that process completely (mostly this is serving your expungement petition on all law enforcement agencies who were involved in your case: prosecutors, police departments, MN BCA, Sheriff, etc.).

    As for the civil suit, where you are a defendant, this would most likely be a labor intensive project, including depositions, and perhaps a jury or court trial. I wish you well.

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  • Shop lifting had other convictions years ago but not for that...

    Hello, thank you for helping, My husband, who is ADHD, 34 and a college student, was looking at 2 different "$5 fancy" pens at the college store. He got a call from me (I was picking him up) and doesn't get good reception so he was just thinkin...

    Avery’s Answer

    You ask some very good questions. If the two pens were worth less than $250.00 your husband will be charged with Misdemeanor Theft. That is punishable by up to 90 days in jail and a $1,000.00 fine. Recognizing your husband's previous criminal history, you certainly don't want this offense to add another blemish to his criminal record. Potentially, we could negotiate a resolution with the City Attorney whereby your husband would agree to remain law abiding for a period of time and pay some prosecution costs and the case could be dismissed. This is called a "Continuance For Dismissal" it is an agreement with the prosecutor, not the court. There are other ways to resolve your husbands case without him having a criminal record of serving jail time.

    I hope this helps. You can call me anytime at (952) 224-2277, or follow the link below for a free case review.

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  • Is it worth it to get a lawyer for first time offender getting 5th degree assault?

    At a Bar, both drunk, punched him without him punching me

    Avery’s Answer


    5th degree assault is a serious charge with potentially serious consequences. An experienced Minnesota defense attorney can guide you through the legal system and help devise a plan for successfully defending your case.

    Contact me at any time regarding the details of your case. I have handled assault cases all over the state of Minnesota for nearly 20 years. I offer a free initial case review. You can reach me 24/7 at: (952) 224-2277. Or follow the link below for more contact information.

    Good luck!

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