Questions Answered by Jonathan Matthew Holson
Q: I was issued a citation for speeding however the vehicle listed on the ticket is not mine. Can I get this dropped?
Thia was in clay county mn. The ticket also says i was exceeding 70 mph in a 55 mph zone and i was not. The officer even told me i was only going 69.
No. An error on the ticket will not result in it being dismissed. But there might be other reasons to keep it off your record.
Q: What does it mean when a (gm) case says warrant recalled, then warrant return of service. Both on the same date.
The case then has the next court appearance for two month later. Does that mean a warrant was issued but is not issued anymore?
It likely means that the warrant was withdrawn for some reason and a new court date was set. Consequently, the defendant will have the option of appearing voluntarily at the court hearing.
Q: Was driving home at night got pulled over where the trooper shined her spotlight in my side mirror directly in my face
Would that be considered assault of some kind due to me asking her to turn it off and she refused and or what can be done about it
No. That is not an assault. There is no violation of the law there that I am aware of. It’s unclear what you are asking.
Q: My husband has a DANCO and I do not want to testify against him in court. Can I legally refuse to testify?
No. They will give you immunity and if you refuse to testify you will be held in contempt.
Q: My ex keeps telling me to kill my self. Have multiple screenshots and I think he is a big danger. Anything I can do?
Have multiple screenshots of him telling me to die and him being super mean and also I think he is a danger to me and others. He could do anything at any point to hurt someone.
You could certainly apply for an OFP or an HRO. But I’m not sure that what you describe is criminal activity. I would get a protection order.
Q: I was issued a citation that has 30 days to pay the citation or set up a court date. Can they put it on media
Saying I'm guilty or charged with even if I havnt paid citation or got court date set up??? Is there anything I can do to get that changes by police department?
You are unclear what you mean when you say that the matter is "on media." Being charged with a crime is public record. That doesn't mean that you are convicted simply because the citation is referenced online. Get an attorney to avoid the conviction.
Q: If I received a citation for petty theft (shoplifting < $500), how do I go about attending a diversion program.
I haven't received my court date in the mail yet but was wondering how I can get ahead of this. Please let me know if a consult would provide me with this insight. This was my first and only offense
Shoplifting less than $500 is not petty theft. It is a misdemeanor offense which is a crime. Not all counties have diversion programs and you don't provide enough information in your question to determine if the county where this occurred has a diversion program. I would recommend getting a... Read more »
Q: apprehended yesterday while leaving a store with two bags. I was extremely fatigued and noticed I had not yet paid
Any recommendations on affordably priced individuals? It was a misunderstanding and I attempted to purchase the items but they did not allow it.
There isn't really a question here. But I could recommend getting an attorney. I would also avoid making factual statements online via social media or legal forums. These are discussions that should be kept confidential between you and your attorney.
Q: How long does it take to receive a citation in the mail in MN? Also, are citations forwarded by USPS?
I unknowingly swiped a a parked car. Another person called the police, so they are calling it a hit and run, even though I never left and wasn't given the opportunity to notice and exchange insurance info.
There is no set time frame when you might receive the citation. You can certainly monitor your name through the court system to ensure that you are aware when, or if, charges are filed. I would also recommend getting representation to assist you in this matter.
Q: Exhibition driving
I’m in the state of Minnesota I just got a exhibition driving in the city ordinance ticket classification how much is it And will it make my insurance go up
You don't provide enough information to answer this question if it is an ordinance violations. Ordinances vary from city to city so it is impossible to know what the fine is without knowing what city this occurred it. Yes, it is likely to increase your insurance rates if you are convicted of the... Read more »
Q: issued a citation for speeding shortly after crossing a state border and entering Minnesota where speed limits vary.
Our speed limits change from 55, 60 or 65. If the location listed on the citation isn’t accurate how can he defend himself in court to prove otherwise? Would this be grounds to void the citation?
Not listing the location is not necessarily fatal to a citation so long as it indicates where - as in town/township and county where the offense occurred. Along with the citation there will be police reports and likely squad video as well which are more specific about the location where the... Read more »
Q: Q: What is the punishment for cursing (disorderly conduct
Cursing alone is not illegal and is protected by the First Amendment. You need to get an attorney on board ASAP.
Q: if my speeding ticket says im driving a pontiac firebird but i was driving a chevy camaro can i beat ticket in court
No. The traffic stop is on video. The fact that the officer put the wrong kind of car on the citation will not be a silver bullet.
Q: I am MN licensed to carry a firearm. Can I shoot an unleashed dog in defense for attacking me or my leashed dog?
If I am in public within the city limits in any of the Metro area cities.
You would generally have an obligation to flee or leave the situation. So your first option cannot be to shoot the dog. It is a bad idea. The better idea is to avoid this particular animal.
Q: I am facing a felony drug charge in minnesota. Thoughts on hiring associate attorney for $4500 to represent me
"Felony drug charge" is pretty vague. You need to provide more detail about what degree the drug offense is and what county it is in.
Q: Can u get charged for a ticket you got nine years ago? Is there a statue of limitations on traffic violations
When I went to the court house to see how much a fine I had was, when the lady looked me up she said I had a ticket from nine years ago and I had to go to court. So I was wondering if there was statue of limitations for traffic violations
There is no statute of limitations issue here. You have already been charged with the offense.
Q: if my speeding ticket says im driving a pontiac firebird but i was driving a chevy camaro can i beat ticket in court
That is not going to be a silver bullet. Those sort of errors occur and don’t mean that the state can’t prove you guilty. The traffic stop is likely on a dash cam and will show what kind of vehicle you are driving.
Q: I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.
I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing more... Read more »
She is being charged now because she scratched your neck and ripped your shirt. It doesn't matter that you don't want her arrested. You don't get veto power over the charging decision. That is a decision for the prosecutor to make.
Q: I was caught with 1 gram of thc oil can I still be charged with a felony if they didn't arrest me or give me a ticket
I was searched and they found 1 gram of thc oil then was let go could I still be charged with a felony this is my first offence
The fact that you weren't arrested or given a ticket is meaningless. Typically a charge like this would be handled via complaint which means that you may receive a charging document in the future with a court date to attend.
Q: I have friend who on bond if he smokes weed how can he fix problem
I have friend who on bond if he smokes weed and has drug test at probation appointment what will happen and what could do
“Your friend” might be in violation of his conditions of release. If so, the agent is likely to file a report with the court. “Your friend” should stop smoking pot until his case is over with.
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