Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over for speeding .then he proceed to give me poss of pot in motor vehicle ticket ?never gave speedticket

because his probable cause was speed he never gave me ticket for speeding?does that make his other tickets against me n case illegal in court?

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

The officer does not have to charge you with the initial basis for the traffic stop. He can pull you over for speeding and then just cite you for marijuana in a motor vehicle.

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I pay my 64 in a 55 speeding ticket I don’t have to go to court?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 8, 2020

Correct. But just paying the ticket is the same as a guilty plea and you will end up with a conviction.

View More Answers

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can my daughter be held in Nobels county jail for 11 months without a trial because of the virus

My daughter was arrested for transporting meth from SD in December 2019. Her court date was set for March because of the virus the trial was reset for July 28, my daughter just now received a letter moving her trial until November can they do this she will be in Jail for a year before she is... Read more »

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

They certainly can if she has not demanded a speedy trial. If she has made such a demand, there is an analysis that gets done about whether her right to a speedy trial is being violated and if so, what the remedy should be. One such remedy might be release from custody. Another such remedy could... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My boyfriend is sitting in another county on a warrant how long can they hold him since covid 19 going on
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 3, 2020

They can hold him until he appears in front of a judge to address his conditions of release.

2 Answers | Asked in Criminal Law for Minnesota on
Q: How long can someone sit in jail for a probable cause without seeing a judge for 4 days.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 30, 2020

I would suggest that you consult with an attorney directly the timing of everything going on here. Attorneys, including me, generally will provide a free consultation and they can look at the exact timing in order to best answer your question.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: False Evidence being used,felony domestic abuse,should I contact County Attorney Office ? July 6 2020 hearing

coworker had made false reports to police about a female she dislikes, to ‘get back at her’. Then her husband was arrested Feb ‘20 facing felony strangulation,child endanger, 911 interfere, +more.

For 3+months,she has been calling police making accusations... Read more »

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

This question doesn’t make a ton of sense. Most attorneys, including me, will provide free consultations. Contact someone directly to discuss the situation.

View More Answers

2 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: I was wondering if I can become an attorney even though I had a felony when I was 16

I was granted a stay of adjudication and completed probation I also fully paid my restitution I am currently 18 now an want to know if it would affect me now

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

I would contact the Minnesota Board of Bar Examiners. It may very depend on what the underlying offense was. There is a "Character and Fitness" portion of the bar application that you need to fill out. It will provide details on what questions are asked. I am sure that it is available online.

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a speeding ticket. The officer's name is not on the citation in the 'Trooper/CVI Name' block. Badge # is.

Does an issuing officers name have to be on a citation to make it legal? I did not get the officer's name and it is not in the 'name' block of the citation. The trooper's badge number is. Can a state trooper legally give a speeding citation on a county road? This occurred in... Read more »

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

An error on the ticket isn't going to be sufficient to get the citation dismissed. That error is something that can be cured an undoubtedly there is a police report or dash cam footage of the traffic stop that will reveal who the state trooper was. I would suggest that you engage a criminal... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Minnesota on
Q: If someone places an Ofp on you, are they allowed to stop by your place of residents?

And have their boyfriend come to the door To drop off a gift? Also are they allowed to try to contact you via 3rd party considering they are the ones who placed the order of protection on you?

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

An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10... Read more »

View More Answers

3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: What do you do if your public defender is not doing his job? Do I have any options.

I am being charged with a first degree burglary crime. I was offered a plea agreement which would reduce the sentence to a second degree. I am from Minnesota and there are circumstances and information that has not been considered in this case. I believe that if the judge were aware of the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 20, 2020

You are not entitled to the public defender of your choosing. But you can certainly raise your concerns with your public defender again or speak with his or her supervisor. Alternatively you can hit a private attorney. You need to do that sooner than later. There is no guarantee that you will... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Is it possible to use an illegal search and seizure defense when you are currently on parole?

My fiance is being charged with 1stDegree Possession from evidence found during an illegal search, however he is on parole. What are the odds of him beating this case?

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

Saying the search was illegal or unlawful is conclusory. You don’t provide enough information here to conclude that the search was impermissible. Folks on supervised release (aka parole) have a lower expectation of privacy and consequently fewer rights. He needs an attorney and to consult with... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: If Supreme Court rules that basis for arrest was illegal in a case will that change mine
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 9, 2020

You don't provide nearly enough information to answer this question intelligently. Is your case pending or were you convicted? If you were convicted, how long ago was that conviction? What was the legal issue addressed by the Supreme Court? Was it the U.S. Supreme Court or the Minnesota... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Online Dvs says my license is valid but is it valid to law enforcement

I thought I was suspended but it says on driver and vehicle services that I’m valid. Is that what law enforcement see’s if they check the status of my dL?

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

Law enforcement is going to see what shows on the DVS website. As far as I am aware it is the same database.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: What can police do with photo of drugs and ID in photo given to them? Charges against person in ID?

ID and person bag was stolen or found and staged the photo cops say they have photos of.. With drugs and ID

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

This question is confusing and difficult to answer intelligently. Most criminal defense attorneys, including me, offer free consultations. Call some directly to discuss the matter.

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over for doing 84 in a 70 on the highway by a state trooper who was going the opposite direction and

He stated that he passed me going the opposite direction about 2 miles back. So do I have to pay the ticket since he turned around and had to speed to catch up to me 2 miles later?

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

You have to address the issue. You cannot ignore it or the matter would go on your record. The ultimate question is whether you want to challenge the ticket or not. You can take a run at the prosecutor yourself or you can hire counsel to see whether you can negotiate a dismissal or a way to keep... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: what can be done about a theft of $65 that happened a year ago

it happened in mn. a citation was sent out but there is no court date.

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

You need to get an attorney to represent you. Other than that, you don’t provide enough information to provide an intelligent answer. Theft is a serious offense and you want to avoid having a theft conviction of your record.

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: Hey! I am an 18 year old female from Minnesota dating a 15 year old female from Germany. Is that illegal?

I bought a plane ticket to fly to her in October and my family is trying everything to stop me and my dad is saying that it could be a felony. Is that true?

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

The age of consent in Minnesota is 16. I don’t know what the age of consent is in Germany if you are visiting her. That is a question for a German attorney. Dating is not a crime, but there are plenty of potential issues - for example sexting would be a major issue.

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: If I’m underage minor who is sober and I’m driving a minor who has drank alcohol and we get pulled over

Will I get cited for them being under the influence if it is not in my car i.e. he drank it beforehand

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 16, 2020

No, you will not get cited for DWI if you haven’t beeN drinking. You aren’t breaking the law.

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: I was bringing a friend to Wal-Mart..and I guess she had a warrent or something...now I have obstruct legal process

Lawful execution legal process..how is this even possible?

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

Taking a friend to Walmart who had a warrant is not obstructing legal process so there must be more going on here. I’m assuming you are being accused of more than just driving your friend to Walmart. This is a serious charge. You need representation.

View More Answers

2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Minnesota on
Q: Some friends and I went to an old abandoned school in Minnesota near where we're from.

We didn't see any no trespassing signs and we weren't planning on causing any damage, so we went in to explore a piece of history. However, the cops showed up and we all received citations. Is there such thing as a trespassing citation and were we even breaking the law by exploring the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 12, 2020

Of course there is such such thing as a trespassing citation. Whether what you did qualifies as trespassing is a different question. Was the building locked? Was it posted? Did you refuse to leave after being asked to? There are a lot of other questions here that need answering. You should... Read more »

View More Answers

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.