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Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Criminal Law for Minnesota on
Q: I just found out a have two felony warrants. One is for failure to appear. The other says check fraud.

I live out of State and had no idea that I had a court date. I am a single mother with limited income. This has to be some type of fraud. How do I find out what it's about and get the warrants lifted without going to jail. I have never wrote a bad check. I have no clue what this would be about. I... Read more »

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

I’m not sure how he wouldn’t be charged if she was asleep. Someone who is asleep cannot consent.

As far as your situation is concerned, you’re somewhat stuck. You could turn yourself in on the warrant and apply for a public defender. Or you could attempt to get funds for a private...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was charged for Reckless Endangerment at the age of 17 in ND. Will this disqualify me from being a cop in Minnesota?

I was charged as a juvenile. Reckless endangerment is normally a class c felony in ND, but being a juvenile, It was taken down to a misdemeanor. Will my juvenile record stop me from having a career in law enforcement?

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

It certainly could. I would pursue an expungement of the adjudication.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Location MN. Do you need to stop for a school bus at a T-Intersection when you are on the main road with no stop sign

School bus has red lights on, is on the road that has a stopsign to the main road.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 14, 2020

Yes. If the stop arm is extended and the lights are on.

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Q: How do you get a danco dropped or can you even? If you modify an ofp does that modify the danco as well?

By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the danco to... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 13, 2020

No, they are separate orders. The OFP is entirely separate from the DANCO.

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3 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Minnesota on
Q: I don't want to testify against my bf will I be in trouble if I don't ? Its a domestic assault type case

My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 13, 2020

Yes, you will likely be held in contempt and a warrant will be issued for your arrest. You could be held in jail until you testify.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I'm in Minnesota can I be force to fight a criminal case without a attorney been denied a public defender I'm unemployed

But I'm married and stay with my wife..

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 13, 2020

Yes. If you do you not qualify for a public defender, you will have to pay for your own counsel. Most attorneys will provide a free consultation. Reach out and see what fees look like, they may be more affordable than you think. Not having an attorney will not get you out from under the... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Minnesota violation for no front license plate. The citation has the wrong color of car and license plate year is blank.

Ask for dismissal?

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

These errors are not going to get you out from under the citation. There is likely a police report and perhaps a dash cam/squad video of the traffic stop. Get an attorney if you wish to contest the ticket. An attorney might help you avoid or minimize the consequences for whatever happened here.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: Admissibility of a breath test report from the Intoxilizer Machine re DUI charge in MN

If the breath test report does not include the test subjects name or any of the identification information the report request to be completed by the officer filling in the data fields for the breath test operation and report... is it admissible in court? Report had no mention of who the test... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 8, 2020

There should be other identifying information on the report such as the date and time the test was taken, where the test was taken, if not the name of the subject - then the DL # for the subject who provided the test. Additionally, many would have video surveillance of the area where the test was... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I just received a ticket for "motor vehicle registration-display". I did not have my whiskey plates on, but had them in

the back window. I'm an older woman and tried to put them on, but could not get them to stay. And, I could never get the front one off. They never originally removed my plates. as of now it does not show in the system yet. The ticket says "original" and there is no Officer name or Controlling... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 7, 2020

I would imagine your just facing a fine. The outcome depends on the county where it occurred.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to have a disorderly conduct charge dropped and/or ensure that this doesn’t show up on background checks?

I’m being charged w/disorderly conduct as a result of my fiancée calling/lying to police during a bad argument. He told the officer that I hit him during this, when I did no such thing. In my struggle to get away from him (I was pinned up against a wall) the most I did was yell loudly for my... Read more »

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

There is a chance to get the charged dismissed or keep it off of your record. The way to accomplish this is by hiring an experienced criminal defense attorney. An attorney can work to minimize or perhaps completely avoid any consequences for the allegations that have been made against you.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: What happens when you blow under the limit at the police station but blew over right after leaving the bar?

You are 21. You got pulled over right after leaving so alcohol was still in your mouth/saliva so you blew over. Once you get to the station you blow under. What happens? Do you still get a DUI or DWI?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 27, 2019

The test at the station controls charging for the most part. You may ultimately not be charged with a DWI if you were below the legal limit on the Datamaster test. But there could be other offenses that might be applicable under the circumstances depending on the reasons that you were pulled over.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Do you need a driver's licence to travel in the UNITED STATES
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 26, 2019

Not in the least. You need a drivers license to drive. Some types of travel, such as flying, will require a government issued ID.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: A detective is trying contact me won't tell me what's its about how can I find out without meeting with the detective

I've spoken on the phone with him and he just keeps saying we need to talk and I've told him that have nothing to say to him without a lawyer how can I find out what this about without meeting the detective

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

Get attorney on board. Your attorney can help sort out what the issue is and why they’re looking to chat with you.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If a case is dismissed by the Prosecutor, then they re-open immediately with a complaint, is all previous info in invald

Case was dismissed because Defendant wanted a complaint. Case was re-opened same day as dismissed with same case number and clerk says it was never really dismissed. There is a Motion to Dismiss that was not officially "heard" will that have to be re-submitted?

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

You don’t indicate in this question what the basis was for the motion to dismiss. So it depends whether the motion is still applicable given the change in circumstances.

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: My boyfriend was arrested for a warrant and my truck was seized by the county police. I was not present during that.

Stimulation offered to me i refused to agree to. Saw judge once and he said I needed to file some sort of claim or process but I cant remember what or which. What do I do to start legally regaining my property and sue the county for unneeded force by running into my parked and shut off truck... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 21, 2019

Stimulation offered? I don’t know what that means.

It’s difficult to know in the abstract if running into your vehicle was justified or not. There are times where law enforcement will execute PIT maneuvers if the driver refuses to stop.

It also matters why the vehicle is...
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3 Answers | Asked in Criminal Law for Minnesota on
Q: if the prosecutor made a false statement saying I had drug para/a scale on my persons in a motion response can I fight

im on appeal currently because, I was pulled over as passenger in a vehicle I was placed under arrest for a misdemeanor non drug related warrant at the time of my arrest I was detained and moved to a squad car later a k-9 sniff of the car lead to a physical search, in that perch was found in a... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 21, 2019

You should not represent yourself on appeal. Get an attorney to represent you. The attorney will be in the best position to raise appellate issues.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: On my speeding citation the trooper has the offense location wrong. Can I fight this rather than paying the fine.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 19, 2019

A clerical error is not a basis to challenge the ticket, but there might be some other legal issues. Discuss the matter with an attorney.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Will a speeding ticket from the state of California, give my license in the state of Minnesota a point?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 19, 2019

Minnesota does not use a point system. But the ticket in California will count against you in MN.

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1 Answer | Asked in Criminal Law and Animal / Dog Law for Minnesota on
Q: My ex wifes friends dog bit my daughter. A year later I'm getting the doctor bill?

I was never even notified about the bite. My ex had an ofp on me over false accusations. So why should I get this huge bill a year later and it's going to collections on me ? Not right is it? Should the dogs owner be responsible? Or my ex wife?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 17, 2019

It makes sense if you are obligated to pay the medical bills as a result of a divorce or a custody agreement. But I don’t know why you wouldn’t have received the bill earlier. It’s obviously a different situation if there isn’t such an agreement.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I got a ticket for theft and its been three weeks and there's no record of it on the court website is it still valid?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 14, 2019

Yes. It takes some time to get a court date. This delay wouldn’t be unusual at all.

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