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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got pulled over a couple years back wasn't even my car got a no insurance ticket at the time

Owner didn't tell me there was no insurance it was his moms car long story short she got rid of the car anyway I can fight this no insurance?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 14, 2019

A couple of years ago? If you resolved the case years ago, it is too late to re-open this case. But is unclear from your question - is the case still pending?

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If my speeding ticket is not up after a month, do I still have to pay it?

It’s been almost 10 business days since I got my citation but I know for minors that if it is not up after a month, it does not have to be paid. Is that “rule” the same thing as a speeding ticket?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 13, 2019

There is not a 10 or 30 day limit for them to file a ticket.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is a Failure to Stop for Pedestrian in Crosswalk the same or similar to moving violations while driving?

My husband is going to lose his license as a "habitual violator" from a failure to stop for a pedestrian in a crosswalk ticket which was deferred as long as no same or similar ticket was received in 12 months time. Since that time, he was issued a failure to stop at a stop sign, a careless driving... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 4, 2019

It’s hard to say for sure without seeing the deferred prosecution agreement, but typically such an agreement calls for no moving violations. Get a copy of that to make sure what the agreement actually was.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: MN traffic violation being contested

The court is trying to reschedule due to troopers planned vacation. Do they have the right to reschedule the court date at their convenience?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 30, 2019

Yes. Absolutely. Hearings are rescheduled all the time due to someone’s unavailability.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Can I do jail time in a chips case?

They want to terminate my parental rights because they say my home is unsafe for my children whom don’t live in the home only visits.

Rumors of domestic violence.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 23, 2019

No. A CHIPS case doesn’t carry potential jail time.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was pulled over because of a gas station workers call to police

I pumped gas, went into gas station and charged my cell phone for about 20 min and made a purchase. When I left the gas station and got onto the main road, the police had their lights on and pulled me over. There was no driving infraction, the officer told me specifically they pulled me over due... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 22, 2019

It depends on the information that the gas station attendant provided to law enforcement. Law enforcement is permitted to rely on such calls as a basis for the traffic stop. But it is difficult to answer in a vacuum without access to the police reports or audio of the phone call that was made to... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: can I request a different judge if I feel his judgement is affected by something that happened in his personal life?

I am being charged for a DUI. I contested the stop and there was evidence on video of the headlight not being out and one being brighter. In the officers statement, they could not remember anything specific about the arrest, could not remember what headlight it was and they also stated that because... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 22, 2019

You typically cannot file a removal request once the judge in your case has made substantive decisions in your case. Ultimately, you have a right to appeal the Court's decision on appeal if you lose the case. FYI, the fact that someone is described as an "assistant public defender" does not mean... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What does Case type Crim/Traf Non-Mand mean on a traffic ticket.

A traffic ticket mailed in has this case type. The mailed portion does not have Endangering life or property checked. The fine itself is less than $200. Is this Misdemeanor charge more serious than speeding traffic ticket?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 1, 2019

That means that the offense is a petty misdemeanor. It only carries a fine and not potential jail time. You do not have to appear in court. You can handle this administratively. But be aware that paying the fine is the equivalent of pleading guilty to the charge.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Should I hire an attorney for a Traffic misdemeanor citation received for not Yielding to pedestrian

The citation was given after the police officer called me.

She said I didn't drove past a pedestrian and I thought I drove past after the pedestrian had crossed the road.

She also said she had other witnesses. How should I proceed?

The charges are stated as

with... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 1, 2019

Hiring an attorney certainly minimizes the consequences that you might face. But you have to weigh the costs of hiring an attorney vs. what it would cost to simply pay the fine.

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1 Answer | Asked in Federal Crimes, Personal Injury and Criminal Law for Minnesota on
Q: Need lawyer to do paper work for federal tort claim against bca and a agent have all evidence paper work .. there admit

They arrest me sat in jail month bailed out trial began then they stoped. Bca brought to courts attn they made error in there records I had fulfilled my duty as of 9_17 arrested 5_18 for supposed crime ..now there saying they wanna expungement court under Judical inherent authority..for me...... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 29, 2019

It is unclear what your "federal tort" claim might be. Contact civil rights attorneys directly about this issue.

1 Answer | Asked in Criminal Law for Minnesota on
Q: When inmate Class D non violent crime should he file 75% or 85% time served to see if he's eligible for release
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 29, 2019

Credit for good time in Minnesota is 1/3. No sure about the reference to 85% or 75%.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I was living in SC and was buying a car from my sister and I moved back to MN and she reported the car stolen, so I was

picked up and charged and did all my courts in MN. But there is still a warrant for my arrest in SC even though I was convicted for it in MN. How do I fix it?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2019

It is unclear from your question why the warrant was issued in South Carolina. More information is needed on how to best address both the warrant in South Carolina as well as the charge(s) in South Carolina.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Does any citation to court requeires for a lawyer support?

This question is linked to the "passing by school bus infraction" one. I know that at any court I can get a lawyer. But, for what I understand by your previous answer, that this infraction is not simple a "payable offense", Should we hire the service of a lawyer to go to court? Our guess was simple... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2019

Paying the ticket is an admission of guilt. There may be able way to keep this off of your record, but blindly going to court and pleading guilty is not one of them. Speak directly with an attorney regarding this matter. There are ways to keep if off of your record.

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2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: what is control? and what is dominion? of a fire arm. can I as a felon go hunting with my son?

can a convicted felon be in a vehicle with another non-felon on a hunting excursion? this would include hunting fire arms. can a convicted felon have a dependent in possession of fire arms, or a can said dependent have a concealed carry permit fire arm? would I as a felon be able to go hunting with... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2019

I'd suggest that this is all a very bad idea and not worth taking the chance of spending 5 years in prison. Stay away from firearms unless you want to go to prison.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: How the new 'changes' would effect domestic violence victims?

Trump administration quietly changes definition of "domestic violence" and "sexual assault"

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 23, 2019

This is an incredibly broad question and impossible to answer absent more specificity.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Job application crime question based on past sting deemed petty misdemeanor

Currently applying to a few jobs and if the question arises on a an application for if you have ever committed a crime. I was hit by a sting operation years ago for selling cigarettes to a minor. The conviction was a petty misdemeanor which is also considered not a crime in Minnesota. Does this... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 20, 2019

The correct answer, if it is have you have committed a crime, is yes. The fact that it was resolved as a petty misdemeanor, which is not a crime, doesn't mean that it wasn't a crime when the offense occurred. Questions like this are very specific on the language that is used, so I would be clear... Read more »

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1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: Restraining order Question:Father not allowed to contact petitioner (exwife/mother of child) except about parenting time

Or health of the child. What is included in this? Is asking who is gonna pick up my daughter or where someone will meet me to get her something that would be allowed to be asked or could I be arrested for that?

Seems like a very vague wording.

"Except as follows "emails or text... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 19, 2019

In my mind, discussing pick up and drop off would fall under discussing parenting time. But you certainly should not meet her or have any contact with her outside of the OFP. You should not argue with her. You should not even respond to contact that addresses issues outside of the OFP.

3 Answers | Asked in Criminal Law for Minnesota on
Q: How can a person be found guilty of a decade old crime with no evidence, over hear says and her story changed many time

And it sat on a person's desk for 17 months before being charged

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 16, 2019

You don't provide anywhere close to enough information to provide an intelligent answer to this question. The law is very fact specific and there aren't enough facts to answer this.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Drugs were found in a vehicle that was being searched for stolen property

They searched a storage unit that someone rents and a vehicle that is on that property .

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 15, 2019

There isn't any question here.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: State trooper pulled over wife in town for not wearing seatbelt

She was leaning forward in car and stated he did not see seatbelt when next to her. She was pulled over and license was in baby bag behind her. She removed seatbelt while stopped and reached back to get it. When officer arrived stated that he stopped her due to not wearing seatbelt and when she... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 14, 2019

This is really a credibility issue between your wife and the officer. But in all likelihood, she could keep this off of her record via a conversation with the prosecutor. The question really is whether you want to hire an attorney to fight the citation, but her explanation certainly makes a lot... Read more »

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