Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Criminal Law for Minnesota on
Q: What kind of proof does the court need to charge someone with assault aside from hearsay?

My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 25, 2023

The testimony of the alleged victim is not hearsay if she shows up and testifies under oath that you assaulted her. The fact that she is the only witness to the incident is not unusual. Many assaults occur when the only folks there are the alleged victim and the alleged perpetrator. Listen to... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO

I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 25, 2023

There is no form for this. You can certainly submit a letter to the Court asking for the DANCO to be modified or cancelled. The decision of whether that occurs is ultimately up to the judge who is assigned to handle the case. It is unlikely that the DANCO will be modified or cancelled if the... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: Violation of probation, it was deemed i could not be violated due to I am in unable to work per the judge

NOT A REPEAT QUESTION IT IS ABOUT ALREADY JN COLLECTIONS.

I have mental health issues they extended my

probation for whatever reason. But if the judge already said once a year ago she could not violate me and it has already gone to collections in the state of Minnesota who I also... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 19, 2023

First, this is not a double jeopardy issue. The fact that you were unable to work a year ago doesn't mean that you cannot work now. Mental health issues can get worse and they can get better. Ultimately, it would be up to probation to show in a violation hearing that you could've paid... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Fight DWI license suspension

My son was pulled over for having an air freshener hanging from his rearview mirror...which led to "have you been drinking"...which led to "please step out of the car". They administered field sobriety and breath tests. Did 2 more breath tests at the police station. .09 was... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 13, 2023

It might be. Law enforcement is not required to read him his rights to run him through field sobriety testing and the implied consent advisory is not required prior to the PBT. An implied consent advisory would be required prior to a request for a breath sample. Your son should contact... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: What are the odds of DANCO be dismissed, interfere with 911 call if this is his first offense? If the victim contacts

The prosecution office to put in her request to have it dismissed as they have small children and she wishes to work on the marriage?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2023

Asking someone to give you "odds" on the likelihood that a DANCO will be dismissed/cancelled in these circumstances is unrealistic. That depends on a number of factors such as where the offense occurred; whether there is any prior criminal history; what the exact allegations in this case... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I have 4 citation tickets in total, 1 moving violation(stop lights or stop sign) and 3 speeding tickets.

However, the first ticket (Speeding ticket) was issued on August 2021 then the next two was issued on September 2022(Speeding ticket) and October 2022(Moving violation) then the recent speeding ticket was March 2023(Speeding ticket). I have received a warning letter after the first 3 tickets. As... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 9, 2023

It is unclear whether you have paid these tickets or resolved them. But in any event, I do not believe that you are at risk under the provision of four within 12 months. But you are at risk if you get another ticket between now an August 2023. The other issue you are going to run into is that... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Car put in my name I didn't proceed with purchase yet it's showing under me a ticket issued out of state

Ticket issue to me, registration under me even now I either want the vehicle at this point or be compensated the value due to this matter, the vehicle register says I own it I’m not sure who the actual owner is but the car says it’s registered to me this is fraud correct ?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 7, 2023

Your question is a little confusing. But you should certainly notify the state where the ticket was issued that you never ended up purchasing the car and you should provide them with information on who the owner is. If you do that, the ticket against you should be dismissed. You could also... Read more »

2 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was charged with a DUI refusal in MN, 8 months later the case was dismissed. How can I get my license reinstated?

The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 3, 2023

It sounds as if you did not challenge the implied consent revocation of your driver's license. The time frame to do that has long since expired. You now have an alcohol related driver's license revocation on your driving record. You will need to pay the reinstatement fee and meet all... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: What does it mean when my attorney says prosecutor isn't going to violate my release conditions if cross paths

If I cross paths with someone what does it mean prosecutor will not violate release conditions just avoid the person

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 28, 2023

You should follow up with your attorney about this. But I assume that the prosecutor means that he won't file a violation of your release conditions if you see the protected party in public so long as you do not approach the person and have direct contact. That would also mean that you are... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: How do I know if the situation I'm in constitutes Character Assassination?

Father of victim called and lied about health condition of victim to police and called prosecutor repeatedly until charges were filed. Victim has a psychosis condition hearing voices and people telling her what to do. Father was asked if the said condition was present in victim and father lied to... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 17, 2023

Character assassination isn't a "legal concept." Pursue to the expungement and try to get that pushed along. Ultimately, it is not up to the prosecutor whether to allow the expungement. That is a decision that the judge makes. You could certainly try to pursue some sort of claim... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was handcuffed, transported to different county then handcuffed again, throw in a holding cell without reading rights

I wasn't told why I was arrested, transported and I wasn't read my rights.

I was put in a holding cell with no information.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 17, 2023

They are not required to read your rights to you unless they are engaging in custodial interrogation. The idea that the reading of the rights is required upon arrest something created by television shows and movies. There might be other, more fruitful, legal issues that you can raise. Get an... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am going to an omnibus hearing where Im the victim of domestic assault. I want the case dismissed. What are my odds?

The police report says a weapon was used, there was not. I lied. What would the outcome be of that? There is a danco in place but we have children and my wife is caretaker to our kids while I work. I need her to come home. It was a drunken argument and it got out of hand so fast. What is my best... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 14, 2023

No one on this website can give you "odds" that the case is going to be dismissed. We don't have access to the police reports and the other evidence in the case. But you don't have "veto" power over the case. The fact that you want the case dismissed is important,... Read more »

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: Can drug court do this

Someone in jail gets on drug court for the first time and is being told she must sit in jail for a bed gut the individual in jail never signed up for a bed or anything like that she has been in jail 38 days they are trying to send her to inpatient treatment after her attorney said she should get... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 5, 2023

Jail is not treatment. Thirty days in jail is not going to count toward 28 days of inpatient treatment. It sounds as if she will be released from jail once a treatment bed becomes available. That bed hasn't opened up yet so presumably she hasn't been released. Treatment is typically a... Read more »

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: If an individual is in custody for probation violation and has a warrant in another county for a probation violation

If an individual in custody for probation violation and finds that another county was a warrant out for a probation violation what needs to happen for the individual to get released

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 28, 2022

The individual would likely be held until the first case is complete and then they would be transferred to the second county where the probation violation warrant was issued. The family could post bail on the second matter if it has been set. Otherwise, the individual would be held or would need... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: In Minnesota if you are not home, do cops have to call you before issuing a citation?

My vehicle was parked on the road in front of our house. We left early morning on a Friday morning for a family emergency in another state. On Saturday night the cops issued a warning and left it on my car that I had to remove it in twelve hours. I was in another state and we did not get back home... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 12, 2022

To my knowledge there is no obligation to notify the owner before issuing the citation, but I would assume that you were ticketed for violating some local ordinance in Austin. I'd take a look at the specific ordinance and see that is addressed. But I would guess that the failure to contact... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I be pulled over on private property for a traffic stop?

The officer didn't turn his lights or sirens on until we were on private property. The officer located drugs during the stop . If the stop wasn't legal can the charges be dismissed?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 7, 2022

The charges can be dismissed if the stop wasn't legal. But this isn't the Dukes of Hazzard where you cross the county line or get onto private property and the cop has to leave you alone. That issue isn't going to be a winner. There might be other issues that can be successfully... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speed entered into system doesn’t match ticket, what is probable outcome when contesting this?

Officer upped the speed I was doing by 10 miles an hour when he entered the ticket into the state system. It does not match in any way the ticket I received. The ticket reads 70/60, the officer entered 80/60. County attorney wants to talk about it. I want to know if I should just wait and go... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 29, 2022

The officer doesn't enter the citation into the Court system. That is done by court administration. This is unlikely to result in dismissal. The citation would simply get amended.

View More Answers

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Minnesota on
Q: Hi I'm 18 turning 19. I want to get a gun for target shooting but have had a history of anger when younger ages 4-14

So when I was younger I was diagnosed with low levels of autism and fasd but was before they knew I had adhd and they says that's the real reason I was like that according to state law In Minnesota and federal law you can't own a gun if you've been adjudicated as a mental defect by a... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 28, 2022

You should speak directly with an attorney about these issues. On first reading, it doesn't sound as if you would have any legal prohibition on owning or possessing a firearm, but you don't want to put yourself in a bad situation. A legal forum is no substitute for speaking directly... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Im a victim, can i recant my statement in a domestic violence case?

I would like to recant my statement regarding a DV case i am a victim of. I know now I should've said the truth but i was scared of what woould happen.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 7, 2022

You can certainly recant your statement, but that is not a silver bullet in terms of resulting in an automatic dismissal. You might also expose yourself to criminal liability for filing a false police report. I would recommend that you get legal representation prior to contacting law enforcement... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a person get a GSA performance security Bond after conviction of a criminal case in Minnesota

Post convention bail is it possible for a person incarcerated in a Minnesota prison after conviction

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 7, 2022

I'm not sure what a GSA performance security bond is. That is not a term that we use here in Minnesota. Once someone has been incarcerated, the trial court no longer has jurisdiction to set a bond, so I this isn't really going to be an option. That might be different if the person is... Read more »

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.