Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: Can I grow marijuana while on parole

I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.

And now on top of that, she wants me to do MRT

And my insurance won't cover it. And she told me. I'm ether gonna pay... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 3, 2024

You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More

View More Answers

4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 29, 2024

Get a permit. You cannot legally transfer a loaded gun without a permit. You certainly could be charged with carrying in public without a permit and there is no guarantee that anyone is going to simply accept a claim that you acted in self-defense.

View More Answers

4 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it legal to run a red light when the cross street is completely blocked off due to construction?

I'm seeing a lot of road construction where the traffic lights still operate as normal but where there is simply no possibility of cross traffic, no possibility of U-Turns, even. I've seen some drivers, including a bus, treat the solid red light as a stop sign, I've seen some just go... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 27, 2024

Yes, you need to stop and wait for light to change. The fact that the cross street is blocked off doesn't change the semaphore to a stop sign. Pedestrians and folks on bikes need to be able cross and ignoring the light doesn't give them a chance to do that.

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Crim/Traf Mandatory for expired car tabs. No date set and no fines listed. Is it required to set my own date?

I got the ticket in the mail because the cop's printer wasn't working. The ticket doesn't have the information on the back side as it's supposed to because it was a copy of the front of the ticket.

Car tabs were expired for a few months and I got pulled over for it.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 18, 2024

You can just call and pay the fine. There is information online on how to take care of the ticket. You can just plug in the citation number at this website and you'll be good to go: https://webpay.courts.state.mn.us/CourtWebPay/Search.aspx?ID=100

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: The fasted way to get your mcro updated correctly so you can get bailed out

Court clerk didnt remove the hold without bail or bond part on the mcro so now it has it saying no bond and bail set at 10k (which is the correct one). me and the bondman are having such a headache with us. What’s the fastest way I can get this corrected

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2024

This isn't something that is going to happen over a weekend. A human being will need update MNCIS which is the court information system. MCRO simply reflects what has been entered into MNCIS. Call first thing today to see what can be done to get this addressed.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: How long will my DUI be on my driving record? How can I remove it?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 10, 2024

The short answer is that it is on your record forever. I've seen folks with DWIs on their records going back to the 80's and even the 70s. DWIs can used to enhance future DWIs for 10 years. The likelihood that you could get a DWI expunged from your record before 10 years have expired... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What happens if you kill someone who tries to rob you with a gun, but you kill them with a ghost glock

If you are being robbed at gunpoint, but you defend yourself with an illegal glock what would you get charged with

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 4, 2024

You reach out directly to criminal defense attorneys and get one on board immediately. You are facing a potential murder charge here, along with possession of a ghost gun. It also raises the question if you are legally permitted to possess firearms which then creates a potential felon in... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: If being charged for 2 separate crimes, but you only committed 1 of them, should you want them in an "omnibus hearing?"

I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.

Based on some... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 1, 2024

I'm not sure what you have read or who you have had conversations with, but consolidating these cases is not a bad idea. It saves you additional court appearances and additional hassle. I also do not believe that it creates any bias against you because you are guilty of one case and not... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: What are consumer rights regarding illegal items in a repossessed vehicle?

If a car is repossessed without warning and taken by a tow company and stored on a lot, does the repo company inventory items? If so, What happens in a scenario where illegal items that carry felony level charges are found? Example: small amount (5th degree?) controlled substance, paraphernalia.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2024

The repossession company has no obligation keep illegal items found in a repossessed vehicle private. They should and will likely turn over any illegal items found in the vehicle over to law enforcement. I would presume that the individual would then be charged with possession for those items... View More

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My son was killed by a 16 year old driver, who is only being charged with FAILURE TO MAINTAIN A SINGLE LANE violation.

The Accident Reconstruction Report, the Crash Report, the Field Report and 2 eyewitness statements are available, and all show that the 16 year old driver crossed over the center line causing the accident. The eyewitness reports specifically state that it appeared to be intentional, with the 16... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 31, 2024

There is nothing you can do for force the county attorney to charge out any particular offense. You can certainly voice your opinions on what you believe should occur in the case, but ultimately, the County Attorney has the ultimate authority of what, if anything, to charge out in this case.

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2024

I think that it is unlikely that you would be facing jail time for a first time GM drug possession case. The best thing that you can do for yourself to avoid having to serve jail would be to get a Chemical Use Assessment and start following the recommendations. That is something that you are... View More

View More Answers

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 8, 2024

In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in... View More

View More Answers

2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?

A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 7, 2024

The exhibition driving is going to be a huge issue for your insurance. I would suggest doing what you can to negotiate that ticket down. It looks like you are in Hennepin County, so there is a far greater likelihood that they may be willing to agree to keep it off of her driving record assuming... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: My husband has 2 criminal cases in another state that he reports for about monthly for the past 11 months.

The cases have not gone to trial yet. He has received discovery for at least one of the cases. He is on bond for each case, and they each involve felony charges.

Now in our home state he recently had an incident that caused him to have felonies charged.

He is now on bond here after... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 15, 2023

No, there is not going to be a way to attend the other hearings and keep them secret. First, the fact that he is charged in another state is already public information. Second, he is going to have to ask for time away from the ankle monitor to attend those out-of-state hearings, and the home... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m going to represent myself in a petty theft case today. My plans to just plead guilty. Anything I should say or do?

Any advice on how to go about this? I’ve never represented myself before and would like anybody’s opinion ASAP please

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 28, 2023

There is no such thing as a petty theft. The theft charge is either a misdemeanor, gross misdemeanor or felony. But no theft charges start out as a "petty" theft. I would tell you that a theft conviction is going to have long term consequences for you - especially for employment and... View More

View More Answers

3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 3, 2023

Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when... View More

View More Answers

2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I was charged and appointed public defender. State attorney filed to have a certain judge removed from my case . I was

Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 12, 2023

Did you admit to the violation? Was there an agreement as to the sanction? If so, then you would simply receive the same disposition in front of a different judge. Otherwise, the case could be set in front a different judge for a formal probation violation. But I don't believe that this... View More

View More Answers

1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: If someone on an isr program breaks the rules where they live can they be asked to move immediately?

The person on the isr program was to specifically get permission to have people he knows come over. He has continuously had people coming over when I'm gone at night working and my dog apparently bit one of these people. My dog has never but anyone before. I want him out of my house Bec I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2023

You don't indicate in your question what your relationship is to this individual. The legal issues surrounding asking them to leave - such as an eviction - are going to be different than the question of whether they are violating their supervised release conditions. I would advise you to... View More

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.