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Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Criminal Law for Minnesota on
Q: Accused of assault in MN; accuser with multiple restraining orders pressing charges. Next steps?

On February 15th, I was accused of assault by someone who has restraining orders against them from multiple parties and frequently calls the police. An officer came to my house to question me, but I wasn't home, so I later returned his call and left a voicemail. Eleven days later, he contacted... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 27, 2025

Get an attorney to represent you. Do not make further contact with law enforcement. Let the attorney handle things from here on out. Your attorney can handle any contact with law enforcement and also can provide any exculpatory evidence to the prosecutor.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: How to correct record errors and explore expungement for past convictions?

I'm seeking legal assistance to rectify issues on my criminal record and explore expungement options for past convictions. In 2011, I was charged with a 5th-degree felony, and after a probation misunderstanding, my probation was reset in 2016 without new charges. My 2011 charge incorrectly... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 24, 2025

Let's start with the DWI. Did you plead guilty to the charge? If so, it is too late at this point to go back and challenge the conviction as violating the cooperation agreement. The time to do that was back in 2018, not seven years later in 2025. I'm confused as to why an extension of... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 24, 2025

They do not need to read your rights unless they are going to perform custodial interrogation. The fact that they did not locate stolen good does not mean that you get a free pass on any other illegal items that you might have been in possession of. You should get an attorney on board who can... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: Was it legal for the officer to open my car door and take keys without consent?

I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 21, 2025

You need an attorney who can review all the information, not just your recitation, about what occurred to advise you whether the search was valid or not. It is unclear from the question what you are charged with, buy you need an attorney on board if you are going to challenge that search that... View More

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2 Answers | Asked in Car Accidents, Traffic Tickets and Collections for Minnesota on
Q: Is a citation valid if filled out incorrectly by the officer?

My grandson was involved in an accident and received a citation for Following Too Close (169.18.8(a)) in Minnesota. The citation has my grandson's information on the front, but incorrectly lists his father's information on the back, including checking the owner and driver boxes, even... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 20, 2025

The citation doesn't become invalid because there is incorrect information on the citation. It can be amended by the prosecutor at any point, even up to the point of trial. This is something that your son and grandson ought to be addressing. Your grandson was likely given a citation and... View More

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2 Answers | Asked in Constitutional Law and Traffic Tickets for Minnesota on
Q: Can police search my car without consent due to MN ruling?

I'm concerned about how a recent Minnesota Supreme Court ruling, which stated that the interior of a car on public roads is public property, might affect my rights during a traffic stop. Specifically, I want to know if police officers can now search my vehicle without my consent.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 20, 2025

No, the decision yesterday does not open the floodgates to suspicionless motor vehicle searches. There are certainly circumstances where your car can be searched without consent, for example a search incident to arrest, but cops are not going to be able to search cars whenever they want and... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: What does the victim need to do to drop any no contact order if they don't have an advocate in a domestic
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 11, 2025

Dropping a no contact order is not up to the alleged victim. It is a decision that is up to the Court. But the alleged victim can certainly contact the Court and request that the no contact order be dropped. A copy of that request would need to go to the prosecutor as well as the defense... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: Can a girl that was 15 and experienced 1st degree sexual assault x’s in 2008 by a man in his 40’s still file charges

This man also harassed her when she married and moved to California in the years following up to 2014. The initial occasions of assaults at age 15/16 definitely qualify for 1st degree… I understand this would depend on the police and prosecutor but she doesn’t want to put herself through the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 14, 2025

Individuals don't "file" charges. The decision to charge comes from the prosecuting attorney in the county where the offense occurred. The allegations can be reported to law enforcement. The allegations would be investigated and a determination would be made by the prosecuting... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Does Intoxalock report to my po? I’m in mn and got a dui last year, on low risk. I blew twice but had taken DayQuil

Two test said I failed I called Intoxalock and they said I was fine. But at my last calibration I got a lockout work order for inspection? I’m just scared and not to do that again. Please help.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 26, 2024

Probation would only be notified if you signed a release of information allowing Intoxalock to provide information to probation. You should make sure to read the entirety of the handbook that Intoxalock provides regarding what substances will cause a failure. It is unlikely that probation will... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the courts go back and change time to serve after 2 years without any violations from the offender in MN.

Was charged with 5th degree possession of a controlled substance in 2022 the sentence details state I was given 30 days in jail which was stayed and a stay of imposition, fast forward to 2024, have had zero violations the case was up for review and now the county attorney is trying to say a year... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 11, 2024

The stay of imposition meant that if you successfully completed probation, that the matter would've become a misdemeanor. However, if you violated probation, the stay of imposition could be vacated and there would be a stayed sentence of one year and one day on a lower level felony like a... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: does a search warrant have to state if the victims can be present during the search warrant to a home?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 9, 2024

The right of the search warrant authorizes law enforcement to be in the location to search and seize items of evidentiary value. I don't know that there would need to be a specific authorization for additional people present, for example the alleged victim, if they have the alleged victim... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My public defender lied to me about my sentence what can I do and how can I file a compliant or report him in MN

Last week I was sentenced, but my public defender failed to tell me all of the details of my sentence. He told me that I would be on probation until I complete 40 hours of community service. After he explained this to me I repeated it back to him for confirmation that I understood it correctly.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 19, 2024

People are often discharged from probation early once they have completed the terms and conditions of their probation. I can't say for Ramsey County, but in many counties you would be transferred to unsupervised probation or discharged early after you have completed your community service and... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: I'm being accused of arson. I was signed in at a county library and my public defender said they weren't about to verify

Im being accused of arson. the exact time this allegedly occurred (which mind you-building is still there) I was signed in @ a county library & logged in on one of their computers. Directly before & after library I was @ adjacent building the county community action building meeting w/ a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 14, 2024

Arson doesn’t require that you entirely burn down a building. Arson is intentionally setting the building on fire. Whether it burns down or not is immaterial.

The cops aren’t generally going to track down and verify every alleged alibi that a suspect tells them about. I’m not sure...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Are public defenders really on your (the defendant) side?

I have a feeling that my current PD is the reason I got picked up on a really old warrant back from 2021. I say this because before I told him about it I never got arrested for it I’ve had multiple interactions with police and was even released from jail with this warrant. I only found out about... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 9, 2024

Yes, public defenders are really on your side. You public defender most certainly DID NOT notify law enforcement that you had a warrant. Who knows why the warrant showed up this time, but I am confident that your public defender didn't have anything to do with it. They aren't going to... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Can a person win a dwi case involving drugs if they were profiled? Or if the person did not know they were committing a
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2024

Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More

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1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: After court I noticed that the DANCO order stated that I can’t trespass to my own home

After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 25, 2024

No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I withdraw a plea on the day of sentencing if I was under the influence and did not understand what the attorney was

Telling me I was learning the facts from the prosecutor as I was taking the plea . My attorney had me take a plea for a 5th degree when only half the evidence was sent to the bca and the amount was .25. she wants me to plea guilty to a fifth degree. I have sentanceing this a.m.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 3, 2024

I presume that when you plead that you told the officer under the oath that you understood the rights that you were waiving when you plead guilty and that you were not under the influence. You can certainly try withdraw the plea, but I don't expect that the court is going to let you withdraw... View More

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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: Can I grow marijuana while on parole

I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.

And now on top of that, she wants me to do MRT

And my insurance won't cover it. And she told me. I'm ether gonna pay... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 3, 2024

You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More

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4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 29, 2024

Get a permit. You cannot legally transfer a loaded gun without a permit. You certainly could be charged with carrying in public without a permit and there is no guarantee that anyone is going to simply accept a claim that you acted in self-defense.

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4 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it legal to run a red light when the cross street is completely blocked off due to construction?

I'm seeing a lot of road construction where the traffic lights still operate as normal but where there is simply no possibility of cross traffic, no possibility of U-Turns, even. I've seen some drivers, including a bus, treat the solid red light as a stop sign, I've seen some just go... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 27, 2024

Yes, you need to stop and wait for light to change. The fact that the cross street is blocked off doesn't change the semaphore to a stop sign. Pedestrians and folks on bikes need to be able cross and ignoring the light doesn't give them a chance to do that.

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