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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m going to represent myself in a petty theft case today. My plans to just plead guilty. Anything I should say or do?

Any advice on how to go about this? I’ve never represented myself before and would like anybody’s opinion ASAP please

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

There is no such thing as a petty theft. The theft charge is either a misdemeanor, gross misdemeanor or felony. But no theft charges start out as a "petty" theft. I would tell you that a theft conviction is going to have long term consequences for you - especially for employment and... View More

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3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

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

Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when... View More

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2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

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

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I was charged and appointed public defender. State attorney filed to have a certain judge removed from my case . I was

Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 12, 2023

Did you admit to the violation? Was there an agreement as to the sanction? If so, then you would simply receive the same disposition in front of a different judge. Otherwise, the case could be set in front a different judge for a formal probation violation. But I don't believe that this... View More

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: If someone on an isr program breaks the rules where they live can they be asked to move immediately?

The person on the isr program was to specifically get permission to have people he knows come over. He has continuously had people coming over when I'm gone at night working and my dog apparently bit one of these people. My dog has never but anyone before. I want him out of my house Bec I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2023

You don't indicate in your question what your relationship is to this individual. The legal issues surrounding asking them to leave - such as an eviction - are going to be different than the question of whether they are violating their supervised release conditions. I would advise you to... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I was speeding going 93 in a 65. Cop wrote it down as a petty misdemeanor. I have a clean record. What are the charges?

I already admitted to the speeding on the scene. Is it worth going to court?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 18, 2023

The charges are whatever are listed on the citation that you were provided. In Hennepin County, it would certainly be worth setting a date with a hearing officer or even a court date. Hennepin is pretty generous with speed reductions or even a Continuance for Dismissal assuming that your driving... View More

2 Answers | Asked in Domestic Violence for Minnesota on
Q: How do I recant a statement I'm Crow Wing County
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 15, 2023

You can certainly contact the prosecuting attorney's office to explain that you wish to recant your statement. There may be consequences for doing do, including the possibility of falsely reporting a crime and there is no guarantee that the charges will be dismissed. In fact, I think that it... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Did they have a right to search and charge me

One county sent a kops alert because the night before a person fleed on foot after the officer found a gun on him. The officer had the gun in his evidence now. Since the person fleed on foot, the officer sent out a kops alert. Sometime hours after the incident the person who ran took the van they... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 11, 2023

The search of you certainly could not be based upon a KOPS alert for your friend. They certainly could arrest him under the circumstances, but it is unclear why they searched you and what law enforcement found when they did. It is also unclear why they searched the vehicle. For example, they... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 8, 2023

Can they watch what you are doing in public? Yes, that is not something that requires a warrant. They could not search your property without a warrant. They cannot put a tracking device on your car without a warrant. They cannot listen to your phone calls without a warrant. But surveillance... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: looking to hire a lawyer to help with my driver's license and dui charge. What is the typical cost/ retainer for this?

I am needing representation for a dui charge that has not been brought up yet, but I have lost my license. The officer's in this case did not follow the laws and have a history of harassment. I passed the field sobriety test, and afterwards another officer showed up saying he believed i was... View More

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

Your best best may be to reach out directly to criminal defense attorneys. Fees are going to vary some, especially for somewhere outstate like Becker County. Attorneys that have offices towards the Cities are likely going to have to charge for windshield time, especially if there are in person... View More

2 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: Meaning of “no direct or indirect contact” in a restraining order in context of being in the same physical area or room?

In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”

Can I be in the same... View More

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

It is totally dependent upon the language in the OFP. I would avoid being in the same location as the protected party. Being at school events is setting yourself up for trouble. The problem is not being there, but putting yourself in a location where she can claim that you had some sort of... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Were my rights violated?

I was supposed to get a jury trial to decide the outcome of my case, but the judge decided it all instead. Me and my boyfriend had the exact same charges, but he was given a much lighter outcome than me. I'm very confused and feel like I've been messed with a bit.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 30, 2023

The judge decided it instead? You must've waived your right to a jury trial. That would've occurred in court and on the record. None of us have seen the police reports. So there is no way to determine if the judge "got it right." But presumably, there must've been some... View More

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2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 29, 2023

An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was caught on camera 26 time.forgetting to scan something…over a period of time . They stopped me and call the police.

he gave me a citation and told me to watch for a court date and this was at her yet what do I need to do? I do feel I rush and don’t pay attention to close when scanning or missing….. please give me advice

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 18, 2023

The phrasing of this question is a tad confusing. I’m not sure if this is one instance or a series of instances (reference to over a period of time). In any event, you need to take this seriously, a theft on your criminal record is going to carry long term consequences for employment, housing,... View More

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: My sister filed a restraining order against me and the judge did not let my witnesses finish because it was lunch time.

Do I not have a right to bring all witnesses forward and to continue to prove that what my sister said is not true? Additionally, my sister never said I should not talk to her. Is that not necessary prior to obtaining a restraining order? My sister owes me money from my fathers estate and now I... View More

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

The judge should've taken a break and allowed your witnesses to finish their testimony at a later time. It is not necessary that your sister have "warned you" prior to pursuing a restraining order. She can move straight to getting a restraining order and then the judge has to make... View More

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: If a victim of domestic assault wants to dorp charges does the state have the right to press charges?

The person who called cops didn't want to press charges but felt forced to after being asked several times. She then says yes. Later wants to drop charges not feeling scared or physically hurt how can they still pursue the matter of she doesn't claim to be a victim

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 4, 2023

In Minnesota individuals do not press charges. The decision of whether to move forward with charging is made by a prosecutor. The wishes of the alleged victim are considered, but not dispositive. Ultimately the prosecutor, Ken, and will move forward with charging even if the alleged victim wants... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I went 95 in a 65 and got reckless driving on top of that. Will this go on my high-school resume or affect college admis
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 29, 2023

It only goes on your high school resume if you put it on your resume. You're the one that writes a resume for job or college applications. Will affect your admission into college? That really depends on the questions that are asked of you on the applications that you submit. There could be... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Does law enforcement have to tell you that your under arrest? To understand the context of what I mean

I was once stopped and the officer after he ran names and plates of the car etc. came to the window asked me to get out of the car, and I did walked to the back of it, told me to put my hands out and he searched me and handcuffed me and walked to his squad and put me in the back and the only thing... View More

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

Typically an officer would tell you that you are under arrest and typically you would be informed what you are being arrested for. The fact that the office did not do that, is not necessarily going to result in a remedy. But there could be something here if you were questioned after arrest... View More

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2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More

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

Your question is a tad confusing, but it's fair to say that if you committed a 2nd 5th Degree assault 15 days after you were sentenced on a prior matter that you have big problems. If you are convicted of the new offense, you would be in violation of probation. I can only assume that you... View More

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: In MN is it a violation of a OFP to have my wife served divorce papers?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 8, 2023

No, the legal process of serving your wife with divorce papers would not be a violation of an OFP. But you should have representation assisting you with this process. Having a "friend" serve her with divorce papers is far more likely to cause problems for you than if you have an... View More

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