Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 26, 2022

They should show you the warrant, but that doesn’t have to include the probable cause basis for the warrant. They also need to provide you a list of what was seized pursuant to the warrant.

View More Answers

1 Answer | Asked in Domestic Violence for Minnesota on
Q: What is the process for getting an order of protection extended when it expires? Do I have to go back to court?

I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »

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

There is a form you can fill out to request an extension. I don’t know if he was charged and convicted for violating the OFP, but that alone would be enough to get the OFP extended.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Is there any kind of defense for someone getting a dui while fleeing from a domestic assault?

Left home In vehicle to get away from being beat up by partner..then partner called 911 to have police pull her over for drinking and driving. There was a roommate witness.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 21, 2022

You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Would a Court appointed attorney help a non resident of Minnesota with a speeding ticket of 100 mph? No alcohol involved

Winona County.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 12, 2022

The issue is not the residency. The issue is whether the ticket is charged as a misdemeanor or a petty misdemeanor. A petty misdemeanor does not carry the possibility of jail time and consequently you would not be entitled to court appointed counsel. But you would if the charge is filed as a... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: I have an attorney representing me on a cri, which I pleaded innocent to, whom to date, after 4.5 years refuses to give

details to the county attorney. Always communicates with me last minute. Has no mailing address just a Google account. He closed his office for a different job. Do I need a different attorney, and how do I do that now?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2022

You can always switch attorneys if you are unhappy with your representation. You would either need to hire a new attorney or you could discharge your current attorney and apply for a public defender if you qualify. You should reach out to attorneys directly if you believe that you might be hiring... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Do you have to provide ID when being trespassed from a bar in minnesota?

I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2022

You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Traffic question!

If I am in the left turn lane, with my left blinker on, and 30 feet before the crosswalk while moving forward I blinker right and get back into the lane that goes straight through the intersection, is that against any traffic laws? No other vehicles were around at the time and I was pulled over for... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 3, 2022

The police need reasonable articulable suspicion to pull someone over. There isn’t necessarily anything illegal about what you did, but other factors might’ve played a part in why you were pulled over. Speak with attorney directly about your situation for more specific answers about your situation.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Hello, is it possible to file a motion to have a DANCO removed before his court date?

I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 3, 2022

Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Minnesota on
Q: Desperately seeking Criminal Appeals attorney for my fiance incarcerated, due to mental health I need him to care4me

Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 1, 2022

Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speeding ticket for 70 in a 60 in MN. Clean record for previous 5.5 years. Can I get a continuance for dismissal?

I haven’t had a speeding ticket in 5.5 years. I don’t mind paying the fine, I would like to avoid the insurance hike. Is it possible to get a continuance for dismissal based on my driving record or will previous tickets remove that option altogether? Ticket was issued in Steele County, MN.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 27, 2021

The bigger issue for you is the county where the citation was issued. Not all counties give continuances for dismissal during the negotiation process. They are far harder to come by the further from the metro that you get. Steele County may not offer continuances for dismissal as a matter of... Read more »

View More Answers

1 Answer | Asked in Federal Crimes and Criminal Law for Minnesota on
Q: Can I be charged with a felony possession over in Germany without a trial for coming up dirty on a drug test in the mil

Back in 02 I came up positive on a drug test.. I was brought in to Cid headquarters and they said that I was gonna have a felony on my record... then they kicked me out... but I think it was a cover for something they thought I did but couldn't prove

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 20, 2021

This question needs to be asked in a military law forum or in a Germany criminal law forum. Minnesota law would not apply to this situation.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Hi...My son is 23 and has 2 felonies on his record. He recently was arrested for 5th degree drug possession.

Judge said that he recommends a lawyer present. He has a full-time job which he doesn't qualify for public attorney? Can we apply for public attorney? And what is he realistically looking at for the 5th degree issue,?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 20, 2021

He can apply for a public defender, but that doesn't mean that one will be appointed. Regardless, he is charged with a felony and has two other felonies on his record. He needs representation. He could be facing jail time, a probationary sentence (perhaps a probation violation as well if he... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: I'm in 18 year who started a job kwikTrip for 2 weeks and today I had a man walk in with facial hair

And wanted to purchase alcohol I assumed he was old enough and sold it to him not sure after a cop came in took me in the bag and said I just sold a minor alcohol I am distraught I'm devastated I've never committed a crime I'm an emotional wreck I in fearful of even going back to... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 12, 2021

The charge of selling alcohol to an underage customer is a gross misdemeanor. Law enforcement performs these types of sting operations all the time. You are presumed innocent and cannot be found guilty unless you are proven guilty beyond a reasonable doubt. You are entitled to an attorney and... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: i’m 17 and i have a gross misdemeanor for my sentcance. my probation says “indefinite daysso can you give me a estimate

my mom abuses me so i need to know how i can get away from her even though i’m on probation.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 10, 2021

I assume you’d remain on probation until you complete your conditions of probation. But you might be able to move anyway unless a condition of your probation is that you live at home.

1 Answer | Asked in Criminal Law for Minnesota on
Q: If someone is already incarcerated in another county can they give a guilty plea through the mail?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 8, 2021

That procedure varies a bit from county to county, but is also dependent upon the severity of the charge. A guilty plea via a plea petition will not be accepted on a felony and may not be accepted on an enhanceable offense such as a DWI or a domestic assault. This person should get legal... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Yeah if someone's deceased and there's no known relatives in their house burnt down can I start to clean

No none relatives And house burnt down in July I wanna clean up the property

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 6, 2021

I assume that the home and property belongs to someone now. It is up to the owner whether you can go clean up the property, but presumably it is up to the new owner to take care of those issues. I'd stay off of the property absent permission from the owner.

1 Answer | Asked in Legal Malpractice and Criminal Law for Minnesota on
Q: Is corpse desecration legal anywhere?

I saw a video of judges eating human flesh on a cooking show and I was curious as to how they obtained human flesh being that it's illegal to desecrate a human corpse.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 3, 2021

My assumption is that the judges were not actually eating human flesh. To the extent that they were, it would not be something that would've been filmed in the United States.

2 Answers | Asked in Criminal Law for Minnesota on
Q: My girl friend is in jail in Mississippi right now for contemt of court

Because she was in jail in another place

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 2, 2021

There's not an actual question here. Consult with directly with an attorney about this. But you'll need one in Mississippi if that's where she is. This question was asked in the Minnesota forum.

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a Citation for speed in the mail for a violation I did not commit how should I proceed?

Do I have any recourse for time lost fighting this false Citation?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 26, 2021

Get representation. Fighting it yourself is unlikely to be successful. Generally speaking there is not any compensation available even if you are successful challenging the citation.

View More Answers

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can court records, like mental health records, be sealed from the party they pertain to?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 25, 2021

Generally mental health records that are filed with the court are filed as private or sealed so that the general public cannot access them. I presume you could pursue an order from the court to review your own mental health records. But you should be able to access those directly from the provider.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.