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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Criminal Law for Minnesota on
Q: How can I have a court date for probation violation scheduled after my one year probation has expired?

I have the probation agreement paperwork stating the expiration date.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 28, 2021

Under Minn. Stat. 609.14, a probation revocation may be filed up to six months after expiration of probation so long as the probation violation occurred while the individual was still on probation.

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2 Answers | Asked in Immigration Law, Personal Injury, Traffic Tickets and Workers' Compensation for Minnesota on
Q: MN Statute 169.18(8)(a) - I need an affordable lawyer who can help me on this traffic citation please.

On July 18th I was cited for following a car too close as he was turning right in front of me on a 35E exit to pilot knob road which is a two-lane road. MN Statute 169.18(8)(a) I did end up closer to the vehicle than I, myself, would have preferred since the front car slowed to turn much more than... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 20, 2021

The effect that this might have on your insurance rates depends on your prior driving record and your insurance company. There is no mechanism for tickets automatically coming off of your driving record absent some type of agreement with the prosecutor. I don’t necessarily expect it to affect a... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I get my first speeding ticket the speed limit is 25 mph my speed is 35 mph can I removed from my record
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 3, 2021

Your question is confusing. Is the charge pending and you don’t want it on your record. Or were you convicted and you’re trying to have it removed from your record?

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2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can my husband face criminal charges for committing adultery with his first full blood cousin?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 29, 2021

Strangely enough, adultery isn't an offense for married men. The statute is incredibly outdated and sexist and frankly, I have never seen a woman charged with adultery in the 20 or so years that I have practiced as an attorney. Incest in Minnesota is a crime as well, but the blood... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Officer could not provide a ticket to sign because her in-car printer was broken. Can I get a dismissal based on that?

I was pulled over for not stopping at a stop sign in Minnesota (I'm from Texas) but when she came back to the car with my license, she said that she couldn't give me a ticket to sign because her printer was broken. Can I get out of this ticket because of that?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 28, 2021

No. You are not required to sign a ticket upon receipt in Minnesota. There may be other ways to avoid the ticket or to keep it off of your record, but the printer being broken is not one of them.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: Found not guilty of dui but still lost license and car isn't that double jeopardy?

By the time she was found not guilty it was passed the time-line for license reinstatement. From what I understand the arresting officer was fired for lying under oath. I believe someone is culpable and she should be made whole. She has suffered tremendously and is still feeling the after effects... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 28, 2021

The processes for challenging the license revocation and motor vehicle forfeiture is completely separate from the criminal case. She would've needed to file challenges to the license revocation and to the forfeiture far earlier in the process and this would've been laid out in writing in... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What’s the best way to ask for a dismissal of a speeding ticket?

I received a ticket for speeding in a special commissioners zone. Speed limit dropped from 55 to 40 in front of a State Park parking area but I don’t recall any yellow warning signs about the speed drop. The ticket is for 59 in a 40 and I’ve read that anything over 15mph over stays on record... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 25, 2021

Representing yourself is never a particularly good idea. You have some misunderstandings about the law. First, a ticket, at least in Minnesota, remains on your driving record permanently. I've seen folks with stuff on their driving record going back decades to the 90's and even the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I made an anonymous report about someone committing economic assistance fraud. They received a court summons.

Can their attorney gain access to my anonymous phone call?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 3, 2021

Not necessarily. But they may be able to put two and two together to determine that you were the one who made the call. Presumably, the police reports would reference the anonymous call and what information was provided that resulted in the initiation of the investigation into the individual who... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I arrived at my ex house and she called the police because I was intoxicated from the previous night. The police had me

Leave the premises. I was too intoxicated to drive so I slept in my car. At some point, the cops were escorted my ex to her car, I had received a call that woke me and as she was getting in her car I waz pulling out. The police had weapons drawn and arrested me. My question is how can I prove I was... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 30, 2021

You’re not going to get a defense to your charges from asking a question on an online legal forum. You need an attorney who can review the allegations against you and then discuss what potential defenses you might have against the charges.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Someone was beat up, thrown down the stairs and choked while under water. They ended up in the hospital.

She signed herself out of the hospital and died the next morning. Will he be charged with her death?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 22, 2021

That’s impossible to know with knowing what the cause of death was. That will require an autopsy at a minimum.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Uttering a forgery

I wrote a check to a lady who had a truck for sale, the check was bad as I didn't have the funds in my account, I am now being charged with uttering a forgery which is class h felony it says i can get up to 6 years in prison. They are stating that the detective contacted chase bank where i... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 20, 2021

I’m not sure where you are charged with this offense. Minnesota does not have class H felonies and does not have a crime of uttering a forgery. But if you were charged with a felony you do need an attorney. Do not represent yourself. Get an attorney on board before court.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I go about asking to be seen by a judge to get the danco dropped

I don't know what judge to ask for

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 19, 2021

You can certainly send something in writing. A copy would need to go to the prosecutor and the defense attorney. In that letter you would simply ask for the DANCO to be cancelled and explain why you are asking for that to occur.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: I'm trying to get a danco dropped my husband has done everything the courts have asked and we are in marriage counselor

It's been about a year and a half sents the incident he has done DPT and finished his probation he don't have to report anymore I keep asking the victim advocate what more do they want but keep dragon it on

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 19, 2021

You should contact the court directly to request that the DANCO be cancelled. The judge is the ultimate authority of whether the DANCO remains in the place. You could also have the counselor write a letter in support of having the DANCO cancelled.

2 Answers | Asked in Criminal Law for Minnesota on
Q: If I have a felony but I got an offer as a drop off as a misdemeanor and am I convicted to the felony or misdeaminor ?

I just wanted to know that and I also if I do an early charge do I need to have an attorney or not

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 18, 2021

You are charged with a felony. You absolutely need an attorney. With this offer, you will have a felony on your record until you successfully complete probation.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was charged with disorderly conduct. I am not sure what even for.

I didn't do anything before the police arrived. I walked through some yard, but I wasn't charged with trespassing. I didn't scream or cause any ruckus. It's basically retaliation from some neighbors, they called the cops and I wasn't even doing anything. They all got... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 15, 2021

Clearly you are accused of more than that. The accusations would be reflected in the police reports. You need to get an attorney involved to help get you out from under these accusations.

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3 Answers | Asked in Criminal Law and Animal / Dog Law for Minnesota on
Q: Firearms related question relating to dogs in the state of MN.

Say I was walking my dog, and I do not have a carry permit, would it be possible to find me guilty of carrying/concealing a pistol if it's concealed on my dog and not my person.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2021

Yeah. The dog didn’t conceal the gun. That defense won’t get you anywhere.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is paying a traffic ticket the same as admitting guilt with a plea bargain?

I was offered a plea bargain to remove a ticket that wasn’t valid if I plead guilty to the other ticket. Is the omission of guilt the same paying it vs admitting it on paper in the plea ?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2021

Yes. Paying a ticket is the equivalent of a guilty plea. Now here you are getting the benefit of having a second ticket dismissed so that might a good reason to accept the agreement.

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: My assistant public defender quit. She poorly did my contested omnibus only challenge half of issus can i reopen it?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2021

I'm not entirely sure what you mean by your public defender quitting. A public defender cannot simply stop representing you. The Court could determine that you no longer qualify for a public defender or you could chose to proceed pro se, but a public defender cannot simply quit. A new... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Received a minor out-of-state traffic violation while under supervision for another ticket from my home state.

In December, I got pulled over for speeding in my home state (Illinois) and received court supervision for 180 days along with paying the ticket. I had to attend traffic school, to which I completed, and after 180 days the citation would be lifted from my record. In March, I moved to Minnesota and... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 7, 2021

I would suggest asking about this in an Illinois forum. The judge in Minnesota doesn't have any authority to decide how this will effect things in Illinois. An attorney in Illinois can best answer what your best approach to handling the MN ticket will be.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a 14 year old go to juvie for criminal mischief
Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 6, 2021

There is no such crime innMinnesota as criminal mischief.

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