About Benjy Schirm, J.D.
Benjy Schirm is a storyteller, writer and advocate. He attended the University of Iowa as an undergrad, worked as a theater artist, and went on to earn a J.D. from Western Michigan University so he could take his storytelling from the stage to the courtroom. He has contributed to legal publications in Minnesota, and is a North Star Lawyer, full-time public defender serving Rice County, and on the 4th District Ethics Committee as an investigator.
Articles written by Benjy Schirm, J.D.
Can the Government Buy My Property?
If you’ve received a piece of certified mail stating in no uncertain terms that the city intends to purchase your land or real estate for the good of the public, it might not be a scam. The government is authorized to exercise eminent domain authority “if the taking is for a public use and the property owner is paid just compensation.” Yes, you read that right: The government can take your private property if they have a legitimate public use for doing so. For help contesting an eminent …
How Do I Remove Negative Content About Me From the Internet?
The internet makes information instantly available through a web search — including information about you and your background. If someone posts negative content about you online, it can impact employment opportunities, college admissions, or your business, regardless of the information’s truth or falsity. Unless something posted about you on the internet, including social media sites like LinkedIn or Yelp, is obscene, a threat, false, or considered online defamation, the First Amendment …
It Wasn't My Fault, the Snow Caused My Car Accident!
Winter storms threaten drivers with spinouts, accidents, and injuries. The consequences of a car accident can upend your life through medical bills, vehicle damage, and higher insurance rates. If you're responsible for the car accident, you could be liable for tens of thousands of dollars in car repair and medical expenses. Legal liability in most motor vehicle accidents depends on who is at fault. Either or both drivers can be the cause of a car accident. But what if that accident is partially …
Why Police Misconduct Cases Often Don’t Make it to Trial
The cases brought in the names of Philando Castile, Terence Crutcher, Tamir Rice and Freddie Gray never made it to trial. Each was brought to a halt earlier in the civil court process. This is an all-too-common occurrence, says Joshua Newville, a civil rights attorney in Minneapolis. “It can be disheartening to see a flood of cases that overwhelmingly side with police officers,” he says. “Judges, like most Americans, want to believe that the people we choose to protect us aren’t capable …
What Is a Subpoena, and Why Have I Been Served?
As the old adage goes, "The pen is mightier than the sword." This is especially true in legal proceedings, where the subpoena is one of the most powerful tools a lawyer has at their disposal. With a subpoena, any bar-certified lawyer in the nation can, with a stroke of their pen, force private citizens to hand over documentation or truthfully answer any question related to a civil or criminal case. These court orders can overturn your life and cost you hours of work and effort to prepare for …
Can My Boss Fire Me for Being Pregnant?
Finding out you’re pregnant may be the happiest day of your life. But after all of the years of working and climbing the corporate ladder, the expansion of your family may bring you to one worrisome question: What does that mean regarding my job if I am on maternity leave? State Anti-Discrimination Laws Protect Pregnant Workers Under both state law and federal pregnancy discrimination laws, it is illegal for an employer to discriminate against pregnant employees. They cannot fire …
Are DNA Testing Companies Selling My Genetic Information?
New consumer-based DNA tests are sweeping the country. Inexpensive and fairly easy to use, many tests merely ask you to spit in a tube, seal it, and send it off. In return, depending on the service, they may send an ancestral make-up, others of similar DNA in the system, a health analysis and history based on genetic data, and some even go so far as to suggest a wine pairing to your ancestral palate. Privacy Concerns With DNA Testing As the trend spreads, so do concerns about privacy issues. …
How Can I Lose My Gun Rights in My State?
Gun ownership carries legal responsibility, and the law draws firm lines around who may possess a firearm. A criminal conviction, domestic violence incident, or certain court orders can shut the door on that right with lasting impact. “No one understands, or most people don't understand, what you can and can't do, what the possibilities are,” says Baltimore attorney James Astrachan. “Everyone gets so emotionally charged. You have gun nuts on both sides of the argument. One group is …
California's Law on Pets Left in Hot Cars
Pets have become our family members. They are the best of companions and want to come with us wherever we go. Nothing can be better than heading to the beach with your furry friend and playing in the surf for hours. But if you leave your pet in your car, you may end up behind bars rather than relaxing on the sand. Temperatures in parked cars can rise swiftly even when it’s cloudy, and cracking a window does not affect this rise in temperature. Animals left in hot vehicles can suffer …
When To Use Non-Disclosures for Your Business
As a business owner, there will always be threats to your business. Everyone is seeking an edge to beat the competition, and your former workers may turn around and take your competitive edge to another company for their own gain. Non-disclosure agreements (NDAs) are a way to fight against losing your confidential and important information as you bring people into your inner circles. “Non-disclosures are essential in some endeavors,” says Baltimore attorney Jim Astrachan. What Do NDAs Do? …
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