Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Criminal Law for Minnesota on
Q: I need advice on a theft by swindle.

I was selling my birds. A lady contacted me to purchase them, and proved she would not care for them right. I told her no, and kept looking. A guy contacted me and told me he would take the birds to his home in Wisconsin, where just he lives, and they would be his birds. 2 months later the woman... Read more »

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

You could certainly report the matter to law enforcement, but I’m not sure this qualifies as a theft. You received payment for the birds. The fact that someone acted as a cut out for the purchase of the birds doesn’t necessarily make the situation a crime.

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can an officer write a ticket if he wasn't present at the accident? Is that considered hearsay?

I got in a traffic accident. The trooper who issued the charges against me was not at the scene of the accident.

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

The rule against hearsay only applies in a courtroom. It doesn’t apply when it comes to issuing citations.

View More Answers

3 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Minnesota on
Q: Our daughter is transgender male halfway through her transition. She was placed in all male prison where she has been

sexually assaulted twice.She was brought to hospital both times.As her patents we need to get advice to help her any information you have or advice would be appreciated. Thankyou.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 23, 2021

I’d suggest contacting an attorney directly. Most will give a free consultation. But this is more complicated than can be addressed in this format.

View More Answers

3 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 22, 2021

This question seems to address multiple, unrelated issues. The defendant would typically demand a steedy trial at the omnibus hearing. That is a demand that the defendant makes. This individual also needs an attorney ASAP. These are serious charges and carry serious consequences.

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: I was 15 when i was issued a felony arrest warrant I am currently 17 turning 18 very soon

I need honest answer

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 18, 2021

There isn’t a question here. Get an attorney ASAP to address the warrant. Things aren’t going to get better by waiting.

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: Can law enforcement keep your vehicle even if you weren't in it?

I live in MN and my 39 year old son who doesn't live with me took my truck and ended up hitting a parked car (very little damage) leaving the scene, then out running the cops. Now they are telling me they can keep my truck, is this true? I knew nothing about it Thanks So Much... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 17, 2021

There are two possibilities here. First, that they’re holding it as evidence and that you’ll eventually get the vehicle back. Second, that they are pursuing forfeiture. If so, there are time limits to object to forfeiture and you need to get an attorney on board ASAP, if you want any chance... Read more »

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a ticket for accidentally parking in a handicap parking spot. Could it be dismissed if it's my first ticket?

Is it possible to avoid a official record? Are there loopholes on avoiding charges and or paying a fee instead without having a record ruined?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 16, 2021

The prosecutor might be willing to negotiate a disposition that will keep a conviction off of your record. Having an attorney makes such a result more likely.

View More Answers

2 Answers | Asked in Domestic Violence for Minnesota on
Q: Same building but different apartment?

My ex moved back into the apartment building where I still currently live in the apartment we used to share until the DANCO was put into effect. She moved to a different town but is now back and living in a different apartment on the floor above me. Is this a violation of the DANCO?

Her... Read more »

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

You don’t provide enough information. Who is the protected party? What does the DANCO order?

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I need help taking care of some traffic tickets for no insurance
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 8, 2021

I'd suggest reaching out to attorneys directly. You don't provide enough information here to really answer your question. It's unclear where the tickets were issued, how many of them there are, whether they are at warrant status or not, misdemeanor vs. gross misdemeanor, etc.

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: My friend was booked into a county jail.on pending murder charges. I looked in the roster. Wasn't on there.

Vinelink says that he was out of custody - missing resync record. Whats does this mean, and where is he being held?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 8, 2021

It takes sometime for an individual to be booked and for that information to appear online. I would assume that your friend is in the county jail where the alleged murder occurred. He or she will be held for a court date and then conditions of release such as bail will be set.

View More Answers

3 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: If I was falsely accused of a crime & the charges were dismissed& years later be changed with & convicted of related.

Is that double jeopardy seeing the the conviction was because it was said that the charge that I was convicted on came from the charges that was dismissed?

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

No. That is not double jeopardy. Jeopardy does not attach until trial. A dismissal doesn’t meet that requirement.

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Minnesota on
Q: Can you lose all your rights such as court proceedings, i.e. criminal charges papers served directly to your unless f

Family members got guardianship? Woyld you not be aware of criminal proceedings and would you get a care taker without your permission or your say so to whom it may be. Could law keep threatening daily with warrants and family

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2021

This question is incredibly confusing. It's unclear what is being asked. Criminal charges and a guardianship are two entirely different things and are unrelated to each other. A warrant could certainly be issued if you missed a court hearing on a criminal matter, but that has nothing to do... Read more »

3 Answers | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Minnesota on
Q: Someone accused me of a crime I'm innocent of. I have a strong feeling they are the ones that did it.

If I take the blame for their crime to save them, can the prison sentence be removed?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 16, 2021

If you take the blame, you also take the consequences - including a potential prison sentence. Pleading guilty to something you didn’t do is a terrible idea. Get an attorney on board to help you.

View More Answers

3 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve..

If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve this sentence the judge lets me out on bond pending appeal. While out on bond pending appeal I'm arrested for a federal offense, convicted and sentenced for said... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 15, 2021

This is a question best asked and answered in a California criminal law forum. But concurrent vs. consecutive is usually determined by the second court that sentences you. The bigger issue that you will run into is how California determines credit. For example, if this happened in Minnesota with... Read more »

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: Is McNaughton still the standard by which we treat mentally ill people who commit crimes, ie capitol murder?

Minnesota law.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 8, 2021

You ask this question in a Minnesota forum. Minnesota does not utilize the death penalty so I'm not sure if you are asking this question or nationally or otherwise. The NGRI (not guilty by reason of insanity) defense standards vary state to state. Minnesota uses the M'Naghten standard.

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: going to court cuz I didn’t pay my ticket for speeding and no proof of insurance. My question is what’s going to happen
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 1, 2021

There’s no way to know based on the information you provided. Contact someone directly.

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Not paying my ticket for speeding and no proof of insurance I have to go to court f
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 1, 2021

This appears to be a repeat of another question.

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is there a consequence to waiting until Monday to contest a ticket when today is the 30th day
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 27, 2020

You should fine if you want to challenge the ticket. Address it in the morning.

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I had 30days to respond to ticket but today is Sunday and the 30th day. Should i just pay ticket or wait til mon to cal

What happens if you go beyond the 30 days? Does it matter if its a Sunday? I would Iike to contest my ticket for a continuance of dismissal, but I’m not from the area where i got the ticket. I was going 20 over the speed limit, but the ticket was only issued for 10 over, so is it wise to just... Read more »

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

Don’t just pay the ticket if you want to contest it. Get an attorney. You won’t necessarily have to appear in court.

View More Answers

3 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Can a cop use items found after i was arrested to show probable to get a search warrant for my blood?

I was arrested for suspicion of DWI after being pulled over for a third brakelite being out. Can the police use incriminating evidence found only after the search incident to arrest? I would think they would had to have the search warrant prior to arresting me or at the very least the probable... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 15, 2020

Of course they can. There is no obligation that law enforcement ignore evidence developed before the search incident to arrest. The probable cause basis for the arrest can differ from the probable cause to support a warrant application to get a search warrant for a blood draw. I am assuming that... Read more »

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.