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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does a defendant have the right to file for a speedy trial in GA? 4 felony charges domestic violence related.

My cousin has been in carcerated in a GA county jail for approx 2 months and don't know when he'll make his 1st appearance. Isn't there a law against waiting so long to see a judge?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 28, 2022

You need to ask this question in a Georgia forum instead of a Minnesota forum. Laws vary significantly from state to state.

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: What if my lawyer failed to submit my defense evidence and now the court will not accept my self defense plea.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 27, 2022

That would arguably be ineffective assistance of counsel. But you should speak with an attorney directly about this issue to figure out next steps.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m been charged with a felony assault charge; and the prosecution is considering reducing charges.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 23, 2022

There isn't a question here. Call an attorney directly to have a discussion about what issues you are dealing with.

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 22, 2022

It depends on what you are doing. I agree with my colleague that being underage and high is a huge issue if you are driving, operating or physical control of a motor vehicle. Additionally, you get high from using some sort of substance that is illegal for you when you are a minor. Presumably,... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I am to receive a citation I should by law have to sign the citation I was never asked to sign any citation
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2022

No. You are never asked, nor required , to sign a citation in Minnesota.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was stopped for driving on suspended license I was not given a copy of said citation or I never signed said citation

Or asked to sign said citation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2022

You are not required to sign the citation in Minnesota so that is neither here nor there. I would imagine that you are going to be mailed a copy of the citation so you should be looking for that in the mail.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Municipal Law for Minnesota on
Q: I was stopped arrested in my affidavit says a citation was issued I was not given a copy of said citation

Or given opportunity to sign the citation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2022

You are not given an opportunity to sign a citation. That is not something that happens in Minnesota. The citation is simply issued to the offender. The citation will be mailed to you if it was not issued to you at the time of the traffic stop.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Who is the person that writes the criminal complaint and where did the information cone from

And what if the person that complaint is about disagrees with it then what?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 16, 2022

A prosecutor typically writes the criminal complaint and the information is generated from the police report. If the subject of the complaint disagrees and is charged with a crime, the defendant can file a probable cause challenge or set the matter for trial.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Is taking my dad hand off of me called assault

He is very proud of the fact that he can push me

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 27, 2022

There isn't really a question here. This appears to be a companion question to a separate question about assaulting a "staff member" who deserved it. Consult directly try with a criminal defense attorney about this issue.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I hit a staff but she was very rude and deserved it is this rude to assault her

She broke into my room door out of self defense I pushed her

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 27, 2022

She was rude and deserved it is not a defense to an assault charge. Self-defense is a defense. Get an attorney to make this argument. You're going to need help with this.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: If you are a victim in a domestic abuse case what will happen if you refuse to testify in court
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 25, 2022

A subpoena is a court order which requires you to appear for testimony. A warrant could be issued if you fail to appear in court if subpoenaed. You could be held in contempt if you show up and refuse to testify. You should consult with an attorney if either of these is a possibility.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the state of mn, violate the terms of an original criminal sentence without an amended criminal sentence,longer time
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 23, 2022

You continue to ask the same question using different phrasing over and over. These are fact specific questions and there isn't enough detail here to intelligently answer the question. Reach out directly to a criminal defense attorney about these issues. Most of us provide free... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I need answers how a oringinal criminal sentence,that a trail judge agree to and me on the guilty plead.can be violated.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 23, 2022

This appears to be a duplicate question and was addressed elsewhere.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Will someone please tell me why the state of mn can violate my criminal sentence terms that a judge signed and I plead g
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 23, 2022

This question is far too vague to provide any kind of intelligent answer. Contact criminal defense attorneys directly about this issue for help.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I bailed a person out of jail on a promise that he would pay me back the same day but he hasn't contacted me yet

What can I do

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 22, 2022

Address it with the person that you bailed out. The bail has been posted. I suppose you could request that it be discharged back to you if it was cash bail that you posted, but you're likely SOL if you went through a bonding company. You'll have to keep following up with this... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How long does it take for a DNA test swab to come back?

My brother demanded a speedy trial will they most likely dismiss the case if that DNA test don't come back in time for his trial?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 16, 2022

It would likely be a basis to request a continuance of the trial. A judge would likely find good cause to extend the speedy trial deadline.

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can a cop touch and hold a gun in the air after he found it during a body only warrant?

It was hiding in a laundry basket and he was only there for a body only warrant

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 16, 2022

Can they do that? Sure. But how they handled the gun might effect whether it was contaminated for DNA testing purposes.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: How long can police follow someone in MN after they notice a violation but before they actually pull you over?

Recently my wife was pulled over for "yielding" through a stop sign when making a right-turn at a 3-way stop (the cross street has a yield so she assumed the same). She said, however, that the cop didn't flash his lights / blare the siren until she was a few miles down the road (she... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 15, 2022

Nothing obligates the officer to pull someone over immediately. An offer just needs reasonable articulable suspicion to effectuate a traffic stop.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How much jail time am I looking at if I am convicted of another 5th degree possession charge

I caught a 5th degree or two of them 5 years ago am I looking at longer time if it's my third 5tg degree with in 5 years

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 15, 2022

A 5th degree what? Assault? Drug possession? Drug sale? The underlying charge matters, but I think it’s face to say that the amount of jail time that you are going to serve is going to be more significant than it was for the first one or two offenses.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Why is it when you get a public defender thats rude and don't care about you their is nothing that can be done.

I need a paid lawyer for my son and I can't afford one. He is not mentally right and they keep messing with him. Can I help my son or is he screwed because we can't afford a lawyer?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 14, 2022

A public defender isn’t there to tell your son what he wants to hear. The public defender is there to give you son legal advice and sometimes that includes bad news. I don’t know what your son is charged with, but a private attorney may be more affordable than you realize. Make some phone calls.

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