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Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 23, 2020

You should find a way to get the hours done. Perhaps online might be an option.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was arrested for a DUI over a year ago. I gave up my license for a year. What are the reinstatement requirements?

First offense. First ticket ever, actually. I am not sure if I need to bring my court paperwork and paperwork from the program, both inpatient and outpatient I went to. It is impossible to find out what I need to do. I found one site that says completed court requirements, but I am on self... Read more »

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

DVS controls getting your DL back. There is at a minimum a reinstatement fee of $680.00, proof of insurance and you will need to take the DWI written test. There may be additional requirements. Check with DVS.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: how to get a conviction thrown out if the judge bipassed evidence and used a dead person as a witness

the judge used a dead person as a witness in a criminal domestic trial is that lawful and also I thought they have to prove beyond a reasonable doubt they took hearsay of my baby mom and the doctor said there were no signs of strangulation the police said the something and she also contradicted... Read more »

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

There is no way to answer this question given the information in this question. I understand that this is your recitation of what occurred in the trial. I presume that the county attorney would view things much differently. The only way to assess the legitimacy of your conviction would be to... Read more »

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4 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: My car was seized because of a felony amount of marijuana will I get it back? Scott county mn

I was driving and got pulled over for not fully stopping at a stop sign. I had an odor of weed in my car. They gave me a notice of seizure and intent to forfeit. How do I get it back?

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

You hire an attorney to review the forfeiture fir potential legal issues so that you can get your vehicle back.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Does statue limitations apply to convictions
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 22, 2020

This question doesn’t really make much sense. Contact an attorney directly.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Got a speeding ticket going 48 in 30 mph zone. Circumstances my mind was listening GPS while worried about other issue

My mother passed away Nov 16th my brothers were supposed to give me 300,000 so I if a divorce would not be homeless it was a personal wish of my mother. I even hired an attorney but my brother with the funds the most said I don't care about you And I wrote one more letter for him to explain... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 21, 2020

None of that has anything to do with the validity of the citation. It sounds to me as if you are providing reasons why you might not have been watching your speed. None of these are defenses to the charge. It might be that the prosecutor will agree to negotiate the speed down or keep the ticket... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Earlier this year I received a ticket claiming I passed a bus with its red lights blinking. Is there a way to fight this

I was behind the bus but passed it before it started to slow down or put on it’s lights. I received a call for cop who told me the bus driver gave them my plates but I could fight the ticket in court. I have no witnesses as I was alone in my car. Is it possible to fight and win this? I was... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 15, 2020

Paying the fine is a guilty plea and it will go on your record. It will also likely affect your insurance rates. You should consider challenging the ticket. An attorney can help make success more likely.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: 30 day deadline is today for citation. Would it be wise to wait until Monday to call them and talk to a hearing officer?

30 day deadline

Pay citation and hope for the best

Or contact them on Monday

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 15, 2020

Paying the fine is the equivalent of a guilty plea. I would contact the court tomorrow and set something up with a hearing officer. The court won’t do anything with the citation today because it’s Sunday.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: How do I get sentence reduction fillable paperwork for my husband who is currently incarcerated? In wyoming.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 12, 2020

You should consult with attorneys in Wyoming about this if that is where he is incarcerated.

3 Answers | Asked in Criminal Law for Minnesota on
Q: In Minnesota if someone comes breaks into you home can you just shoot them and receive no punishment?

I am being told you can and I am being told you can't from 2 different people. One is saying Minnesota doesnt have castle law or stand your ground law so you have to flee first. The other is saying you can just pull out gun and kill the person without trying to flee.

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

There is not an obligation to fleeing your own home. That doesn’t mean that a homeowner can, or more importantly should, start blasting away.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Does the state of Minnesota have to have proof or do they go on the past criminal charges that are more than 10 yrs old

If there are no pictures of domestic violence or any evidence do they actually have a case in the state of Minnesota for a domestic violence charge which is a gross misdemeanor

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

This question is not particularly clear. If you are asking about a prior used to enhance to a gross misdemeanor, all they need is the fact of the conviction. The state doesn’t have to reprove the prior offense. Contact me directly if this does address your question.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Somebody I know was recently arrested based on a pending fourth degree charge against an officer despite

The fact that they did nothing illegal. They were accused of pointing a laser pointer at a police officer, but from what we've found so far, pointing a laser pointer at an individual is not recognized as a crime in MN by any means. It is a felony to point one at an aircraft, we know. They are... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 6, 2020

So it is difficult to know what the legal basis for holding this individual might be without seeing the police reports. O would presume that if your friend is charged with assault 4 that your friend is accused of doing more than simply pointing a laser pointer at someone. There is not a ton that... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I was staying at a hotel with my Fiancé in Friley last night and I had the front desk call the cops and they booked him

My fiance was booked on a false domestic violence charge and all day today I've been trying to get it where he gets released he was booked yesterday for and he was processed yesterday but didn't have court today he has court tomorrow at 9:00 a.m. and I told them that it wasn't a... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 6, 2020

Whether your fiancé is charged is out of your hands. That will be a decision for the prosecutor to make. You can let the prosecutor know what you want, but that doesn’t mean that he won’t be charged.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am Scheduled to turn myself into jail for two days in a month. Can I go sooner?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 5, 2020

Yes, you should be able to turn yourself in earlier. The turn date is usually a deadline as opposed to a date certain. I would contact the appropriate jail and let jail staff know that you would like to turn yourself in early. That should not be a problem for you.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't know what I'm going to court for but I don't drive and I don't have my licences either and I have court tomorrow

It says my charges are for crim/traf mandatory I don't know what to expect tomorrow for court

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 26, 2020

There is no way to know what you have court for without more info. But you need to figure out a way to get there, otherwise you’re like to end up with a warrant.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If you are arrested in one county and have a warrant in another county. How long can they hold you in CO
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 25, 2020

Not sure if CO means Colorado. If so you need to ask the question in a Colorado forum. If you mean county, they can hold you until the county with the warrant picks the person up - usually a couple of days.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a cell phone ticket a week ago. When I went to pay, it said it was my second offense. It wasn't. How do I fix this

I've never had a violation before. Do police officers ever make mistakes? Do I have to go to traffic court to sort this out?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 19, 2020

Of course officers make mistakes. It's hard to know why it is listed as your second violation without more information. I'd suggest getting an attorney on board and the attorney can help sort this issue out. You certainly don't want something to show up, particularly if it wasn't you.

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2 Answers | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: I was at a stop sign and got Tboned when I proceeded into the intersection after looking both ways. It was difficult to

See to my left because of the sun glaring in my eyes. So I proceeded with caution by letting my foot off the brake. I didn't even touch the gas peddle yet when the other car hit me. A witness said I ran the stop sign going over 30. That's a lie because I stopped for longer then required... Read more »

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

It’s unclear to me whether you are criminally charged or just dealing with the insurance aspect of this. The insurance company should not be contacting you directly, instead their insurance company should be discussing the matter with your insurance company. Ultimately, the decision of who to... Read more »

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4 Answers | Asked in Criminal Law for Minnesota on
Q: Hello wondering if my probation officer has legal rights to extend my probation? My fines paid. Contacts me 2 month late

I have a violation for a medicine I was prescribed showing up as methamphetamine. I am prescribed adderall but I'm a veteran they give multiple brands of dextroamphetamine which is active ingredient in adderall. The VA has well documented uas when I went for PTSD therapy. So they know what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 5, 2020

You should directly contact a criminal defense attorney. There are times when probation can be extended. A violation can also be filed up to sixth months after probation has expired. But you cannot be violated for substances that you’ve been prescribed.

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4 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Domestic assault no victim statement victim did not press charges
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 3, 2020

There isn’t really a question here. But domestic assault can be charged based on statements from other witnesses, the 911 call, and the physical evidence. It is not up to the alleged victim to “press” charges. Get an attorney.

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