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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a judge that signed a warrant out for your DNA be on your case
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 19, 2021

Yes, there is no restriction from a judge issuing a warrant in your case and then being assigned to hear the other matters as well.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Person A was blackout drunk and hit person B with an object on the head. If person B presses charges what would happen?

Person B sustained unknown injuries but we can assume a mild concussion and mild lacerations

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

Person A would likely be charged with 2nd Degree Assault, which is a felony. Person B doesn't "press" charges. The allegations get reported to law enforcement, law enforcement investigates, and the county attorney makes a charging decision.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I had a criminal case that was dismissed now they are still holding on to my property and won’t give it back

The case was 1st degree drug sale it was finally dismissed after 4yrs now they still have cars and money and phone and they still will not give me a court date for them to do so the public defender on my case said I should I hire a lawyer and sue them because this is totally wrong what they are... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 1, 2021

You should contact an attorney directly for help with this issue. You don't really provide enough information about the entire circumstances to address your concerns. A conversation over the phone or in person would be more productive in dealing with this.

1 Answer | Asked in Criminal Law for Minnesota on
Q: When arrested on misdemeanor warrant in another county, what needs to be done so the issuing county responds

It has been over 48 hours since the arrest and the issuing county has not responded about the defendant incarcerated there on a hold basis, or if they will be transporting him back to be seen by a judge, or if they will just release him. The warrant is in violation to a dismissed HRO and is... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 31, 2021

The arresting county reaches out to the county with a warrant.. it is up to the county with a warrant to make decision on whether they are picking up the individual or if he’ll be cut loose.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I get a warrant squashed in violation of a harassment restraining order that has been dismissed

Defendant has an active misdemeanor warrant and is currently being held on a hold in another county. The issuing county has not responded for 48 hours. What do I do to either have him transferred to the issuing county or released with a citation?

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

The fact that the HRO was dismissed has zero effect on the validity of the warrant for violating the HRO.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: School bus-stopped back 30 feet from stop sign, me-stopped at opposing stop sign. I took a left. Legal or not?

2 way stop/4way intersection. Bus flashing red across from me but stopped at least 30’ before stop sign.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 29, 2021

You cannot continue driving if the stop arm is extended with the lights flashing in a circumstance such as this. A citation could be headed your way.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I just want to know what will be the consequences of your first time getting arrested on a 609.546,but don’t know stolen

Like for example my cousin had pick me up to take me to my girlfriend house but I didn’t know the. Vehicle was stolen he lied to me saying it was legit and I had a clean record never been arrested

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

It is a misdemeanor offense - Tampering with a Motor Vehicle.

A person is guilty of a misdemeanor who intentionally:

(1) rides in or on a motor vehicle knowing that the vehicle was taken and is being driven by another without the owner's permission; or

(2) tampers...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can order for protection be enforced if the birth year is not correct on the order for protection
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 26, 2021

That depends on a number of factors including the specificity of correct information in the OFP. You should discuss the issue directly with a criminal defense attorney. I certainly would NOT suggest that you violate the order and HOPE for the best. That would be a terrible idea.

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Minnesota on
Q: If a judge lies in his findings that a doctor testified the "victim" had injuries when the doctor said opposite = fraud?

Is that not the definition of (fraud on the court) or judicial error?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 23, 2021

The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t... View More

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Minnesota on
Q: Is it possible to have a judge dismiss an ofp as evidence in a child custody case.

Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.

To my understanding everything she said in the ofp... View More

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

The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get help with getting my car released from police homicide hold?

I m looking for help. My car was taken by the police early September it is still on a hold according to defective it is on a homicide hold. That is all the information I was given. Im wondering if there is anything you all can suggest in hope that my car can be released

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 17, 2021

All you can really do is keep reaching out to see when the vehicle might be released. It all depends on if they’ve completed investigating the contents of the vehicle.

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Minnesota on
Q: How much is seen by insurances on speeding ticket? For example, are officer comments seen/looked at?

A few months back I was pulled over for speeding. The officer asked if I had been drinking and I told him that I had a few drinks earlier in the night. I performed some Field Sobriety Tests and was asked to use a breathalyzer. The breathalyzer showed a blood alcohol content of .079. Being that the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 17, 2021

The ticket is public information and the insurance company can certainly access it if they want to. The bigger question is whether the company will seek it out.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have 3 warrants which are misdemeanor, late child support, failure to appear and unsupervised probation violation

What am I looking at for time is there going to be bail? And allegedly cops have stopped old residence for my warrants and also said I'm looking at being charged with other charges due to my purse and cell phone being found miles from area where a person fled from state patrol in stolen... View More

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

You don't provide enough information to intelligently answer what kind of time you are looking at. I don't know what sort of offense the failure to appear was for and how did you allegedly violate your unsupervised probation. However, I can tell you that continuing to dodge the warrants... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: if i have a trial and it includes no lawyers, could i motion for a lawyer?

i have a trial coming up and was stated no lawyers, could i motion for one?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 6, 2021

What kind of case is it? You're always entitled to have an attorney, but not necessarily one for free.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If the minimum sentencefora case is 5 years does that mean that you must do 5 years in jail or could the judgeorderles

For instance could it be 1 year in jail and 4 years house arrest

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

It depends on the charge and if it is an actual “mandatory” minimum. You should consult directly with a criminal defense attorney about the specifics of your situation.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket going 74 in a 55. I had turned onto the state highway and did not see a posted speed limit.

Can I contest it and report that? Is it worth it/will it get me out of my ticket?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2021

Of course you can contest it. Whether it is successful will be up to the fact finder, in this instance, the judge. It might be successful, but you won’t know unless you try.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I recently received a speeding ticket while driving in Wisconsin. Will it affect my Minnesota record

I'm a Minnesota resident

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 23, 2021

Yes, paying the fine or being found guilty will result in the matter being reported to Minnesota. Consider this as you move forward and get counsel in Wisconsin if appropriate.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: So my probation expired on the 18th of this month still have two things to do

Have been good and outstanding the whole time on probation with no violations

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

There’s no question here, so it’s hard to address what you need help with.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am from Minnesota and I was put on a 2-year probation for a second degree DUI home state of imposition I have comple

I completed everything except the driving with care and the med impact panel I'm from Minnesota I work full time in healthcare I lost my grandma and my mother just in the last 7 months due to covid plus nine of my residents that have been long term with me I have complied with everything that... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 17, 2021

I would expect that a probation violation might be filed. I’d suggest that you complete the driving with care and victim impact panel ASAP. Additionally, telling the court that you’ve done everything that was asked of you is a bad idea because you haven’t. You haven’t completed the DWC... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: i have convicted of a petty misdemeanor due to speeding 75mph on a 40. I was rushing due to family restrictions.

Have time a curfew at the house and didn't want to arrive home late, so I had to rush to get home fast and, my mom was sick, so I had to take care of her in all ways, so I had to sacrifice myself for hers.

i was trying to know if I can go on probation for the ticket I've received

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 16, 2021

There isn't really a question here. Were you charged with speeding? Have you already paid the fine and consequently plead guilty to the speeding ticket? You need to more clear on what you are asking for anyone to help you.

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