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Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Criminal Law for Minnesota on
Q: can someone be charged with a danco violation without an assault charge

my ex gf assaulted me back in march 2020 and was issued a danco. since then she has violated the order twice and has just been charged and found guilty of one violation of the danco but has not been charged with the assault yet or the other violation. so im just wondering how this all works. any... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2020

Of course. There does not need to an assault to charge out a DANCO violation.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Arrested in Wisc on drug charges They took money Dropped charges as long as i Working with Minnesota's task Force

I need a letter to stop seizure of approx $14,000.00 was not drug money I can prove it. But I need this letter to stop it

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 22, 2020

You should ask this question in the Wisconsin forum. Forfeiture law will vary state to state.

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Declaration of Emergency - violate imposed curfew or the closing of businesses (crim/traf mandatory)

I was walking downtown to get food with my friends a few hours after Minneapolis sent out an amber alert (on iPhones) warning people that there was a curfew set. Curfew was set at 9:00 pm and we were downtown around 1:00 am. I was not in Minneapolis at the time the amber alert was sent, so I did... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 22, 2020

This is a misdemeanor charge. You are putting the cart before the horse on expungement. The case is still pending and you can’t get it expunged yet. The fees could vary quite a bit. Consult directly with an attorney about how expensive the retainer might be.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: My son received a ticket on 8/16 in Isanti County. The ticket is still not found today 9/18 in the system.

It was for speeding and he didn’t have proof of insurance. I have looked it up online and called the number on the ticket. How long do they have to submit this information?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 18, 2020

It will take a bit for the citation to show up, especially with COVID going on. Give it a couple of weeks.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: How many times can a prosecutor retry me after they get a hung jury in a 1st degree drug case

And what has to happen to prove malicious prosecution. Thanks and appreciate your time all this takes place in minnesota

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

There isn't a limit if it is a hung jury. That is a basis for a mistrial and you can be retried. Much more information would be needed to address the malicious prosecution question intelligently. Follow up directly with a criminal defense attorney. Most will provide a free consultation.

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3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: I had a jar, a glass pipe, and lighter and less than 1.5 grams of weed. I was smoking and a cop pulled up.

he just took the jar. I gave him my id and then he wrote what looks like my license number and my DOB down. and then he said we can go on our way. What do you think will happen? he was really nice about it but he says he was going to weigh it and then destroy it and that it looks like I would be... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 9, 2020

You may be facing charges here. You will likely receive something in the mail if you are charged with something. Potential charges include possession of a small amount of marijuana (in a motor vehicle) and possession of drug paraphernalia. The small amount (in a motor vehicle) could result in a... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got pulled over and I did not have my wallet on me and that has everything meaning insurance card and my license and

The rez cop told me that his printer was not working and that I was sighted for no insurance,( I do have insurance) no seat belt and speeding when I know that I was not going over 60 cuz I did have my cruise on,but the rez cop said that I was going 68 but he brought it down to 64 in a 55. That I... Read more »

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

You can provide proof of insurance after the fact, once you are charged, and the charge will be dismissed. The speeding ticket will ultimate be an issue of credibility, but you might still be able to keep it off of your record. An attorney can help.

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3 Answers | Asked in Criminal Law, Communications Law, Domestic Violence and Native American Law for Minnesota on
Q: Are charges possible 2 do on a incarcerated inmate with felony assaults,multiple domestics,terroristic threats&stalking?

The only contact was the inmates texter and phone calls. The inmate was told several times to stop calling and texting but has continued to do so with disrespectful remarks and unbelievable name calling along with telling other inmates that the person is a ratchet jail pass around then distributed... Read more »

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

The prosecutor would make the decision about what, if any, charges can be filed. That will only occur if you report the allegations to law enforcement.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to put charges/ofp on someone who is already in jail by what they've text you from their jail texter?

If the person is in jail on 3 felonies in relation to domestic assault, stalking, & terroristic threats with multiple prior convictions in relation to the same felonies they're in jail with now in 2 other states...

Can someone press some kind of charges/ofp on them just from what... Read more »

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

An individual doesn't "put charges" on anyone. You can certainly report the matter to law enforcement. Whether this individual will be charged depends on whether there are any orders that prohibit contact such as a DANCO or an OFP. He could be charged if there are such orders... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Hi, I have been searching for criminal Bro Bono legal assistance for my son who has been in the Scott County Jail

He does have a public defender he’s not comfortable with,I keep running into road blocks,my question is how to find a pro bono criminal attorney.He has no income and is on Social Security disability but that ended when he got incarcerated.I just really need some direction!!

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 31, 2020

All you can really do is contact attorneys directly to see if they would handle the case pro bono. But the reality is that the public Defender’s office represents those who can’t afford an attorney. You may need to pay for his representation if he can’t afford his own attorney.

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3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: What does this mean? F - 1 COURT/PENDING - 152.025.2 Drugs - 5th Degree Controlled Substance - Pos
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 31, 2020

The individual is charged with Fifth Degree Drug Possession. The charge could either be a felony or a gross misdemeanor. This person needs an attorney ASAP.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I recently failed a carding compliance check at the gas station I work at.

Let me start by saying this is my first violation for anything like this.I asked the guy for his ID and he ignored and said this is it, I had a line and just wanted to have the transaction done with and not start an argument over his ID, so I just let it slide. (I know dumb on my part, but I just... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 30, 2020

The potential charge is a gross misdemeanor and carries a maximum sentence of a year in jail and a $3,000 fine. An attorney can help minimize the consequences for you. Get representation ASAP.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: What to expect for going 171 mph in a 60 in friedley MN on 694
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 29, 2020

171 mph? A coffin.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I got a dwi on august 8 which I found out nothing has been filed with the court yet. Got a call from the cop last night.

The cop wants to impound my friends vehicle which I was driving when I got stopped but they told my friend where it was and she just went and picked it up and went home on the day this happened. He also says he forgot to give me the summons or ticket. All I got when I left was the notice and order... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 28, 2020

You should hire an attorney ASAP. Most will provide a free consultation, but this is not a time to try to represent yourself.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was arrested for a dwi while in my friends car and they now want to impound the vehicle

They had forgotten to give me papers for "temporary use of a vehicle" along with my arresting copies of the breathalyzer and info packet on dui/dwi, & how to get a special license. It's been almost a month, can I get my friends car out of it? As I took her car and not mine? They... Read more »

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

It’s unclear if you mean the vehicle is impounded or being forfeited. You should reach out to an attorney to address the particulars.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: In my citation ticket COP typed my First name incorrect, one letter missing.Do i need to pay fine? or this will cancel

My GPS going crazy , i just moved extreme right lane and fixed in no time and moving. Looks like 3 cars behind COP car and he followed and gave me a citation saying Stopped-Parked in roadway. I did not argue with him . When i checked my Citation , he typed my first name incorrect, one letter... Read more »

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

A typo is not going to get you out from under this ticket. Paying the ticket is the equivalent of a guilty plea so decide accordingly.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I was issued a petty misdemeanor for sending a text while driving, what are the odds this will be dropped? first offense

or if the officer doesnt appear in court will this be an automatic dismissal? could it result in my loosing my cdl license?

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

It is unclear from you question whether you received the ticket while in a commercial vehicle or if you got it in your personal vehicle. If it was in your personal vehicle, there is some chance that the prosecutor may be willing to reach an agreement where it would remain off of your record. A... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: WhAt can I espect to happen if it says crim/traf mandatory

For a speeding ticket. I was on my way to work cause I had to watch my 3 month old son until his momma got home so I was running late. I got into the left lane and the road split ahead and their was a line of cars I had to get infront of so I didnt miss my turn. So I sped up enough to get infront... Read more »

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

You don’t provide much information here, but you must’ve been well over the speed limit if it’s charged as a mandatory appearance. You should think about hiring an attorney.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: My dsughters abuser just violated his restrsining and order and was let out in 8 hrs with7 prior criminal offenses for d

He has 7 prior filings for domestic abuse from other people and has kidnapped

Were dismissed for some reason. Since my daughters exparte order he has popped the tires on the vehicle that drives my grand ac ughter to dsycare of my son in law and his fathers tires ,blocked my daughtets... Read more »

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

I would suggest that your daughter contact the county attorney for the county where this occurred. That office should be able to answer your specific questions about why the suspect was released. It is impossible to know without more information what occurred here.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: A Dimler conviction was sent to MN DPS by the court. Does DPS just ignore the conviction sent to them?

I took a speeding ticket to court via Zoom. An accused before me was took a speeding reduction from 75 to 65 in a 60 zone. While I was waiting for my turn, I noticed on the MNCIS that the previous conviction was sent to DPS. When my turn came up, I was offered a similar reduction plea (69-60), but... Read more »

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

It does not get reported to DPS so long as you plead guilty to nine (or less) over the speed limit and you do not have a commercial license.

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