Questions Answered by Jonathan Matthew Holson
Q: Can county services with hold my child from me because I have two Warrents?
Jonathan Matthew Holson's answer
You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your child from you.
You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your child from you.
Q: Witnessed my neighbor's dog get hit by a car and die instantly - driver left the scene but lives nearby. Illegal?
2 Answers
| Asked
in
Criminal Law, Animal / Dog Law and Car Accidents
for
Minnesota
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Jonathan Matthew Holson's answer
Yes. It is something that can be reported to law enforcement. It is animal cruelty.
Yes. It is something that can be reported to law enforcement. It is animal cruelty.
Q: Would the use of a flashlight by an officer still be considered "plain view"
Jonathan Matthew Holson's answer
No. The issue is was the officer legally in a position to be where he or she was. If they were at your front door and saw something inside, whether with a flashlight or not, the evidence is admissible.
No. The issue is was the officer legally in a position to be where he or she was. If they were at your front door and saw something inside, whether with a flashlight or not, the evidence is admissible.
Q: 15+ years ago had dwi what can I do now to reinstate it
Jonathan Matthew Holson's answer
I’m assuming you mean reinstate your driver’s license. The best way to find out your exact requirements is to report to the DMV next week. They can give you all particular information you need.
I’m assuming you mean reinstate your driver’s license. The best way to find out your exact requirements is to report to the DMV next week. They can give you all particular information you need.
Q: I owe over 22,000 in restitution, judgments. I'm hoping there might be a way to get this expunged or reduced?
Jonathan Matthew Holson's answer
Sadly, there is not a way to get restitution expunged or reduced unless you challenged the restitution on the front end. Restitution is also not avoidable via bankruptcy.
Sadly, there is not a way to get restitution expunged or reduced unless you challenged the restitution on the front end. Restitution is also not avoidable via bankruptcy.
Q: Received a citation in the mail, date of offense is incorrect and no option for court.
Jonathan Matthew Holson's answer
Depending on the county where this offense occurred, you need to see a hearing officer before a court date will be set. You should contact the telephone number on the citation if you wish to get a court date set. I doubt that a clerical error on the ticket means that the charge will be dismissed. Typically squad cars are equipped with dash cams which should depict what occurred on the date of offense that may back up the officer's factual claims - date error aside. BUt you could try getting...
Depending on the county where this offense occurred, you need to see a hearing officer before a court date will be set. You should contact the telephone number on the citation if you wish to get a court date set. I doubt that a clerical error on the ticket means that the charge will be dismissed. Typically squad cars are equipped with dash cams which should depict what occurred on the date of offense that may back up the officer's factual claims - date error aside. BUt you could try getting...
Q: When did the USA start requiring bar certification for federal public defenders
Jonathan Matthew Holson's answer
This has always been required. A lawyer cannot practice in Federal Court absent being a licensed attorney.
This has always been required. A lawyer cannot practice in Federal Court absent being a licensed attorney.
Q: What to expect at a 1st Appearance of Carry/Possess Pistol w/out permit in Minnesota. Offense level of Gross Misd.
Jonathan Matthew Holson's answer
Booking is a process where you are photographed and fingerprinted. Depending on the county that might occur at the courthouse or at the jail. But that does not mean that you will be held in jail for any period of time.
Booking is a process where you are photographed and fingerprinted. Depending on the county that might occur at the courthouse or at the jail. But that does not mean that you will be held in jail for any period of time.
Q: I stole $47 of clothing, but have a clean record. How would I negotiate it down to just a petty misdemeanor?
Jonathan Matthew Holson's answer
You can either hire private counsel or apply for a public defender. Your attorney can then negotiate with the prosecutor to have the matter reduced down from a misdemeanor
You can either hire private counsel or apply for a public defender. Your attorney can then negotiate with the prosecutor to have the matter reduced down from a misdemeanor
Q: I stole $47 of clothing. I had a clean record before this. I have a court hearing next month. What will happen?
Jonathan Matthew Holson's answer
The charge starts out as a misdemeanor. My hope would be that you can negotiate it down to a petty misdemeanor which is not a criminal offense. I would suggest bringing funds with you to the court date to pay off the restitution and that should increase the likelihood that you can get it reduced. A petty misdemeanor is not a criminal offense and does not go on your record.
The charge starts out as a misdemeanor. My hope would be that you can negotiate it down to a petty misdemeanor which is not a criminal offense. I would suggest bringing funds with you to the court date to pay off the restitution and that should increase the likelihood that you can get it reduced. A petty misdemeanor is not a criminal offense and does not go on your record.
Q: So my boyfriend is in jail, he went to court and was released w/o having to pay. It was put in the system incorrectly
Jonathan Matthew Holson's answer
There should be a written release order signed by the judge. You need to get a hold of that because that will indicate what the Court actually ordered.
There should be a written release order signed by the judge. You need to get a hold of that because that will indicate what the Court actually ordered.
Q: My boyfriend drove my car drunk and got in an accident. Will that affect my car insurance?
Jonathan Matthew Holson's answer
No. The insurance is affected by the person driving the vehicle - ie. your boyfriend, rather than the fact that the vehicle was involved in an accident.
No. The insurance is affected by the person driving the vehicle - ie. your boyfriend, rather than the fact that the vehicle was involved in an accident.
Q: Can a theft of $70 considered a petty Misdemeanor or Misdemeanor? Please help me out, really wanna know! Thank you
Jonathan Matthew Holson's answer
As of now it is a misdemeanor charge. You would have to negotiate it down with the prosecutor to get it treated as a petty misdemeanor.
As of now it is a misdemeanor charge. You would have to negotiate it down with the prosecutor to get it treated as a petty misdemeanor.
Q: What would be your conviction for theft? And What is considered as petty Misdemeanor or Misdemeanor?
Jonathan Matthew Holson's answer
A petty misdemeanor does not carry stayed or actual jail time - only a fine. It does not go on your criminal record. A misdemeanor carries a maximum sentence of 90 days in jail and a $1,000 fine.
A petty misdemeanor does not carry stayed or actual jail time - only a fine. It does not go on your criminal record. A misdemeanor carries a maximum sentence of 90 days in jail and a $1,000 fine.
Q: What are the charges if you pleaded guilty for theft of $70.
Jonathan Matthew Holson's answer
I am somewhat unclear on what you are asking, but your conviction would be for theft. Unless the charge was reduced it would be a misdemeanor and carry a maximum sentence of 90 days in jail and a $1,000 fine.
I am somewhat unclear on what you are asking, but your conviction would be for theft. Unless the charge was reduced it would be a misdemeanor and carry a maximum sentence of 90 days in jail and a $1,000 fine.
Q: Who can you contact regarding no charges being filed against a sexual predator?
1 Answer
| Asked
in
Criminal Law, Family Law, Personal Injury and Civil Rights
for
Minnesota
on
Answered on Nov 19, 2018
Answered on Nov 19, 2018
Jonathan Matthew Holson's answer
The County Attorney for the county where the offense occurred makes any charging decisions about whether to move forward with charging the matter out. I am assuming that there must be some valid reason why he or she is choosing not charge the case.
The County Attorney for the county where the offense occurred makes any charging decisions about whether to move forward with charging the matter out. I am assuming that there must be some valid reason why he or she is choosing not charge the case.
Q: So I have a body warrant for not completing my last consecutive 48 hour weekend
Jonathan Matthew Holson's answer
You should consult with an attorney to address this. Right now you have zero control on when you might be picked up on the warrant. Once you are, you are going to be in a tough place to avoid serving out whatever you owe. I would hire an attorney or go back to your original attorney to address this issue.
You should consult with an attorney to address this. Right now you have zero control on when you might be picked up on the warrant. Once you are, you are going to be in a tough place to avoid serving out whatever you owe. I would hire an attorney or go back to your original attorney to address this issue.
Q: does the proscuting attorney need to be present at probable cause hearing in minnesota
Jonathan Matthew Holson's answer
Yes. Someone from the prosecuting attorneys office would need to be present at the probable cause hearing.
Yes. Someone from the prosecuting attorneys office would need to be present at the probable cause hearing.
Q: Are there any "extreme circumstances" or "emergency" defenses for drunk driving?
Jonathan Matthew Holson's answer
That is an extremely vague question, but the general answer would be no, there are not. But you should speak with an attorney about your specific circumstances to see if it might meet some exception.
That is an extremely vague question, but the general answer would be no, there are not. But you should speak with an attorney about your specific circumstances to see if it might meet some exception.
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.
