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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Criminal Law for Minnesota on
Q: How long can someone sit in jail before the feds come and get them they are currently waiting for trial.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 30, 2022

The feds are not on a timeline to indict anyone if they are being held by a different authority. Often the defendant will have the option to avoid federal charges if they resolve their state charges. This defendant needs to discuss all of this with his or her attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a defendants case not go federal if the search warrant had flaws in there movements while conducting it?

They did a DNA swab for a gun and had the swab on the hood of the cops car collecting dust. They did a test for drugs and it came back inconclusive. They had 3 different search warrants every time they found something. And it looks like they forged the judges signature. They found the gun in the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 30, 2022

There are way to many questions here to answer intelligently without access to the file. You need to discuss this with your attorney or to get an attorney if you don’t already have one.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What happens if the cops show up with a body only warrant n they don't find the person there but found other stuff?

They came open up my camper door.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 30, 2022

They don’t have to ignore it as long as it is found in a location where the person with the body only warrant could be hiding. You can then get charged for the contraband.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a judge release you at your trial if your DNA results for a gun charge don't come back in time for your trial?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 27, 2022

The trial would likely continue the trial under such circumstances. A release from custody might occur especially if there is a speedy trial demand.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can gun charges stay tribal on indian reservations?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 24, 2022

I think that’s very unlikely to occur.

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: How.many.years.can.you.get for a felon in possession of a firearm? It was a AR-15 gun and this happened on the red lake

Happened on red lake Indian reservation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 22, 2022

The defendant is looking at 5 years in state court. The sentence could be even longer if the defendant is charged in federal court.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor change the original criminal offence date of witness after making plea deal?

Prosecutor changed original offence date of witness after making plea deal to match date that the defendant alledgedly committed offenses so witnesses testimony in court would be valid.I have both court documents showing date was changed immediately after plea deal was made.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 22, 2022

The criminal complaint can be amended at any time up and until trial. There doesn't seem to be an issue here based upon the circumstances provided.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What exactly is a probable cause hold on a drugs- 5th degree charge?

What does it mean probable cause what did that consist of?

Is it always wait for a court date or could they be released without a court date?

What is the common outcome of this type of charge?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 21, 2022

You are asking specific questions about a case. It’s impossible to answer those in a vacuum. We haven’t seen the police reports so there is no way to know the basis for the probable cause. We also don’t know this individual’s criminal history so predicting an outcome is impossible.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What does it mean when the charge details say Drugs-5th DEG,

Reason for arrest: probable cause

Severity of charge: PROB CAUSE

0$ Hold W/O BAIL?

What does this all mean?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 21, 2022

It means that some has been arrested on a probable cause hold for a 5th Degree Drug Offense. The defendant is being held without bail pending a court appearance.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: Do I have to show ID when pulled over

Here’s the scenario; I’m in a friends car, my friend is driving and my friend runs a red light or breaks some type of law and we get pulled over. the cop ask for the My friends drivers info and then comes back and asks for my identification do I have to give it to them even tho I haven’t done... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 21, 2022

Law enforcement isn't necessarily entitled to identify you in these circumstances. That is very fact specific. They would need reasonable articulable suspicion that you committed a crime to take your DL from you as that is a seizure from a legal perspective.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: Can you still get a job if you have a active dwi warrant?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 10, 2022

Sure, most jobs aren’t going to do a warrant check. But the better route would be to work to clear the warrant.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can cops seize anything in a person's home if they were there for a body only warrant?

They did a DNA swab and had it on top of the hood of the car for DNA for a firearm. Would that come back inconclusive?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 10, 2022

Law enforcement can look in locations in the home until they are able to execute the body only warrant. They are allowed to seize any contraband that they find during that process - otherwise known as the plain view exception to the warrant requirement. This is a very fact specific inquiry and... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a cop serve you with 3 different warrants

They were there for a body only and came opened up my trailer door and they looked inside n found drugs n a firearm n came back with warrants for them

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 10, 2022

Yes, there is no limit on the number of warrants that an officer can serve at any one time.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: can passengers be asked their info during a stop while in a Uber?

My boyfriend and I got pulled over while in a Uber. The driver ran red light cop took his info. The officer came back asked me and my bf our names My boyfriend gave them a fake name because we have an protection order. The cop said “she has a protective order w John”. The cop went to his car... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 10, 2022

There’s a lot to unpack here and situations like this are very fact specific. Reach out directly to a criminal defense attorney for help. But this is far too complicated to address on an online forum.

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2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Regarding execution of search warrant of House: Searches & Seizures, State of Minnesota

Are officers required to acquire consent of the home owner and/or property owner, whom is not the individual indicated by the search warrant, to open locked containers within the area described by the warrant to be searched, and are they required to unlock and open said containers in the presence... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 5, 2022

This is going to be a very fact specific analysis that depends on a number of factors such as the language of the search warrant, the items that are being looked for, the relationship of the subject to the home owners, etc. This is way more than can be addressed through a Q & A forum online.... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a prosecuter withhold telling their witness is out on bond for felony drug charges
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 3, 2022

Telling who that their witness is out on bond?

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2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Iv made a mistake that can cause me 5years in jail how can I prove to the judge and prosecutor I’m a good person
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 2, 2022

First get an attorney. Don’t represent yourself. Your attorney can help to minimize any consequences that you might be facing here.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over for speeding and racing the other night. The officer wrote down the completely wrong vehicle.

I was on a motorcycle and he wrote down that I was driving a truck. He also said he clocked me going much faster than I was. Would there be any grounds for dismissal knowing it’s the wrong vehicle?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 18, 2022

No, a clerical error like that can be easily rectified. But there might be other legal or factual issues that could get you out from under the ticket.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I be naked in my backyard in MN? I have a privacy fence, but a house next door might be able to see me.

There are no minors next door. Everyone is above the age of 21, however the youngest person there is a mentally disabled 21 year old woman.

If they look out their second story windows, they will absolutely be able to see me. But probably not from their first floor windows.

There are... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 16, 2022

It's your backyard and with the privacy fence, I don't think that you are in public such that you could be charged with indecent exposure. So the better question is whether this is something you want to do if your next door neighbor is going to be able to see you from his or her 2nd floor.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is a first-time offense a reason for dismissal for a speeding ticket when contesting a citation?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 14, 2022

No, the ticket isn’t going to get dismissed simply because it’s your first ticket. There may

be other reason to dismiss the citation, but this isn’t one of them.

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