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Questions Answered by Jonathan Matthew Holson
1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Can I have a ticket dismissed if it has wrong information on tick

I was pulled over this morning driving a big rig with my arm on the arm rest smoking the officer said I had a handheld in my hand. When he finished with my inspection he gave it an the ticket to me. The ticket and inspection had two different truck information on it. And the ticket one was wrong

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

That is not a basis to have the ticket dismissed. Those sorts of errors happen all the time. You should think about challenging the ticket if you were not actually on the phone.

2 Answers | Asked in Family Law and Domestic Violence for Minnesota on
Q: What is certificate of representation and parties and affidavit of service by u.s mail?

About domestic violence

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

The certificate of representation is a statement by an attorney that he or she is representing a party in a case. An affidavit of service by mail is a statement under oath that a party was served by mail with a document.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a no proof of insurance ticket in January of 2019. I had insurance but couldn't find the card at the time.

I did find it after the fact. I faxed the proof to the number on the back if ticket twice just to be sure. I didn't realize I also had to send it to another entity because thre ticket didn't tell me to. Thought I was good and went on my way only to be pulled over 5 months later for driving after... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 3, 2020

It's unclear what exactly you are asking. Each time that you pay a fine on a no proof of insurance or driving after revocation, it is essentially a guilty plea. The revocation time frames on each offense essentially compound and get longer with each plea. I would follow the requirements of the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Inmate in custody during the covid-19, yet, already demanded a speedy trail 3mths ago. what should they do ?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 2, 2020

Continue re-asserting the speedy trial demand. This is something that an attorney can assist with. It’s unclear to me why the trial wouldn’t have already taken place since a speedy trial is typically within 60 days.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Pulled over for speeding and issued multiple citations. Not sure the officer knew who he was pulling over

Merged onto I-94 only to see troopers in the median. unsure of my speed but know I was moving with the flow of traffic. Trooper claims 20mph, but before pulling me over he was going in and out of traffic switching lanes racing down the road for ~0.5-1 mile. He then decides to move to the left... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 27, 2020

Ultimately, the officer only needs reasonable articulable suspicion to pul you over. There would be a police report and either dash cam footage, body cam footage or both of the traffic stop. It is impossible to know why you were pulled over without accessing that information. You can certainly... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: If a ofp in minnesota is granted to one party but the judge agrees to rehear it is the order vacated from 1st hearing

So my ex wife and I both filed at the same time a ofp I was originally present we adjourned I didnt make it back for court to reconvene so per state law mine was dismissed and my exs was granted I filed a motion to have it rehearse and I refiled my original ofp the chief judge granted to hear my... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 23, 2020

The motion that you filed to rehear your request for an OFP would not address the issuance of her OFP against you. So to my knowledge, the OFP from the first hearing should still be in place. In any event, you would receive written notice if the original OFP was vacated or dismissed.

2 Answers | Asked in Criminal Law for Minnesota on
Q: What happens when you get an HRO on your neighbor? Do they have to move?

If you get a HRO on someone that lives down the street from you and their house is within the distance they were ordered to stay out of (distance from my home) do they need to move or what happens? The person the HRO is for lives down the street from me, does not own the home or have a rental... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 17, 2020

If the respondent to the HRO is within the distance restriction, then they are in violation of the HRO and can be arrested each time they are within the restricted area. It would be in their best interest to move at least until hearing occurs about whether the HRO is going to remain in place and... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: Yes can a person be added to a protection order during court without the respondent being properly notified or served

During the hearing I was late to court both me and my ex wife filed motions for protection hers only listed her three boys and her self where as mine listed me and our daughter, now my motion was dismissed due to not being on time but I'm refiling my motion of protection but after the hearing in... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 17, 2020

You could certainly file a motion to reconsider the addition of your daughter to your ex-wife's order for protection. I doubt that you will have much success refiling your request for an OFP since you showed up late. The Court system is not set up to allow for successive requests for orders of... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was sentenced in Mn to 30 years probation to a charge that the max sentence is 15 years what can I do
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 15, 2020

You should get a hearing scheduled to go back to court and seek resentencing. You should get an attorney to assist with this process.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a cosigner to a bail cancel and withdraw the bond and remove themselves fron the case.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 12, 2020

That is dependent on the contract that you’ve negotiated with the bonding company. I doubt that there is much you can do, but it can’t hurt to contact the bonding company.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: can I go to court even know is my first ticket ?

So I was going 90 on a 65mph and they said that they were gonna send me a letter in the mail telling me if I’m going to pay for the ticket or I’m going to court can I go to jail for this? Even know I’m a teenager.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 11, 2020

Being a teenager doesn’t keep you out of jail, but the charge will keep you out of jail if you only get charged with speeding. Slow down, there’s no reason to be going 90mph.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I turn myself in for a warrant and bail myself out for 300. Will it be returned at my arraignment court hearing?

If I plead guilty will it be returned at my arraignment hearing when the judge most likely will give me a sentence? The charge is for theft and it's misdemeanor will the bail money be used to pay that off? If so how much is the fine for theft? I paid the whole 300 no bailbond was used. County is... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 10, 2020

It will be kept by the Court until your case is resolved. That may or may not be at the arraignment. It depends on the county, but it will either be returned to you or applied to any fine once your case is over.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If a level 1 predator is convicted of knowingly not registering, will he be eligible for early release?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 3, 2020

The conditions for supervised release remain the same as any other inmate.

3 Answers | Asked in Collections and Traffic Tickets for Minnesota on
Q: Should I pay for a 16y old speeding ticket from another state? Pay the state or collection agency?

I recently received this speeding ticket apparently in 2004. I don't understand, why I just got it now? The address I currently live wasn't on my drivers license then. I currently live in a different state from the issued ticket. I'm confused as in what I should do.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 2, 2020

Contact an attorney where the ticket was issued.

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3 Answers | Asked in Domestic Violence for Minnesota on
Q: My friend lied to the police about a domestic assault and is turning herself in for it. What will happen to her?

Also will the assault case be dropped?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 1, 2020

You can’t turn yourself in on a non-existent charge. Law enforcement won’t take her into custody if there are no charges filed.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I'm fighting a speeding ticket in carlton county. It was an "unusual stop" according to prosecuting atty. The Pr atty

Was suppose to send me their evidence and hasn't yet. Court is march 12. The cop didnt actually stop anyone at first, he stopped on the freeway got out of his car and started flagging ppl over. I was in front of him & could see him in my mirror. The truck behind me also stopped. I waited, he didnt... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 27, 2020

Get an attorney to represent you in this matter. You can and likely should fight the ticket with help. Do not represent yourself here.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: what happens at a rule 8 and if i can’t afford an attorney but don’t qualify for one what should i do and say in court?

it’s a violation of registration and it’s a min of 1 year and one day and no more than 5 years

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 24, 2020

A Rule 8 hearing is a procedural hearing to provide you, or your attorney, with the discovery in your case. You should not say anything in Court and you need to figure out a way to secure representation. This is a felony offense and you should not be representing yourself. This is far too... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: How long does it take to get a ticket in the mail if one is issued?

I stopped appropriately behind a school bus, and when that one went, I went too. There was a second bus stopped at the corner, let the first bus by, and then put the stop sign out AS I was passing it and started honking at me. He did not put out the stop arm until I was right next to him. And he... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 20, 2020

There is no set time for you to receive the ticket and it could take some time. You should expect to get something within a month or so, but that does not mean that you are in the clear.

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3 Answers | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: can a 16-year old press charges against an 18-year-old for harassment and hate crimes?

I am a 16-year old highschooler, and a certain student has been constantly harassing students, physically, verbally, and mostly sexaully.

there have been attempts to tell the school administration, but the school has a reputation for letting special-needs students get away with anything,... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 19, 2020

You wouldn't be pressing charges. That is a decision made by a prosecutor. You could certainly contact law enforcement about your concerns and things would go from there.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: If my license was reinstated in 2016. Can they legally revoke it from fines unpaid before 2000 now?

Error made on license; number is same on both but one has jean which is my middle name and the new license that was reinstated says dean and i had never noticed until being pulled over around xmas and the officer telling me that one is active and the other suspended. Had been pulled over a handful... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 17, 2020

You might have a legal argument to prevent the suspensions. I would look into retaining an attorney to look into the situation so the exact facts are known and then to follow up with DVS and if necessary the Court.

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