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3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 8, 2024

In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?

A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 7, 2024

The exhibition driving is going to be a huge issue for your insurance. I would suggest doing what you can to negotiate that ticket down. It looks like you are in Hennepin County, so there is a far greater likelihood that they may be willing to agree to keep it off of her driving record assuming... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My husband has 2 criminal cases in another state that he reports for about monthly for the past 11 months.

The cases have not gone to trial yet. He has received discovery for at least one of the cases. He is on bond for each case, and they each involve felony charges.

Now in our home state he recently had an incident that caused him to have felonies charged.

He is now on bond here after... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 15, 2023

No, there is not going to be a way to attend the other hearings and keep them secret. First, the fact that he is charged in another state is already public information. Second, he is going to have to ask for time away from the ankle monitor to attend those out-of-state hearings, and the home... View More

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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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1 Answer | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: Can a girl that was 15 and experienced 1st degree sexual assault x’s in 2008 by a man in his 40’s still file charges

This man also harassed her when she married and moved to California in the years following up to 2014. The initial occasions of assaults at age 15/16 definitely qualify for 1st degree… I understand this would depend on the police and prosecutor but she doesn’t want to put herself through the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 14, 2025

Individuals don't "file" charges. The decision to charge comes from the prosecuting attorney in the county where the offense occurred. The allegations can be reported to law enforcement. The allegations would be investigated and a determination would be made by the prosecuting... View More

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Minnesota on
Q: Why does giving an officer a false name grant jurisdiction for them if it's supported under the 14th amendment?

What supreme cases would help one in this predicament?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 14, 2025

This question doesn't make a lot of sense. But in any event, no one is going to do legal research for you. You should either apply for a public defender or hire private counsel if you are interested in making a legal challenge to your arrest/charges.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Will my old “continuance for dismissal” ticket get reopened if I get another one under dimler law in Minnesota

I had a ticket get “continuance for dismissal“ under the agreement I don’t get another violation in a year, I did get a ticket today though but it falls under dimler law here in Minnesota. Would that reopen my previous ticket?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 13, 2025

It depends on the conditions of the CFD. But it sounds as if one of the conditions was to remain law abiding - no same/similar offenses. A speeding ticket is a violation of that requirement whether it goes on your driving record/affects your insurance or not.

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can they keep my phone

So i was at a friends visiting for a couple nights ,they ended up getting raided and tried to charge me with 5th degree possession because of what was found in house ,not on me ,do they have a right to take and keep my cell phone they took without permission knowing it was mine in Minnesota

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 3, 2025

Asking the question multiple times isn’t going to get you an answer any quicker. The short answer is that it depends. We don’t have access to the police reports, but I would imagine they took the phone for evidentiary purposes and they may be seeking a search warrant to examine the contents.... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: If I got a dui while on probation and entered treatment before I could Tell my probation officer will I still go to jail

Misdemeanor probation for disorderly conduct. And I’m trying to contact probation officer but she is on vacation. I seeked treatment immediately after I was released from jail

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 26, 2024

I presume that your probation agent has an email address and/or voice mail. Leave your agent a message or send an email updating her on what is going on. You may be looking at jail time for catching the new DWI, but treatment should help minimize that risk.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor amend a charge on the day of your speedy trial start date?

I have been fighting a 5th degree, DA amended charge to a 3rd degree the day of my jury selection for my speedy trial. Can they do that? The DA knew the weight from jump.(10.447g) and even told my p.d. that "she's lucky I'm only charging her with a 5th degree not a 3rd degree".... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 23, 2024

What did you public defender tell you? You should listen to your attorney's advice. But yes, generally the prosecutor can amend a charge on the day of trial or even during trial. The question in a case this would be the amendment changes things substantially for your defense and... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I hurt my girlfriend and she tried to run me over there is no evidence of me doing anything but there is of her

Can she get in trouble or is it self defense I hurt her emotionally I didn't get physical and she tried to run me over

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 19, 2024

Yes, she can get in trouble. Contact the police. Being a jerk doesn't give her the right to act in "self-defense."

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I have a misdemeanor dismissed of incorrect license for the state I live in if I correct it immediately?

I admitted to living in MN for a year and a half while having a ND drivers license. I was given a citation and misdemeanor. Can that be dismissed if I get a MN drivers license immediately?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 18, 2024

Dismissed as a matter of law? No. Dismissed as a part of a discussion with the prosecutor? Perhaps. Ultimately, the prosecutor on the case may be willing to do you a solid and dismiss the citation if you have rectified the issue.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: In the state of MN, how long after a traffic stop does an officer have to file the complaint?

Got pulled over in july and was given a warning, and in november i got a summons to appear...

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 2, 2024

Four months to file a complaint is not outside the statute of limitations.

2 Answers | Asked in Criminal Law for Minnesota on
Q: If the state charges you in the mail but the mail is returned and the SOL has passed can they still charge you?

I was recently arrested for a warrant that was issued in May of 2021. Since then Ive had multiple interactions with police and even have been released from jail with it. It was for felony theft of $1000-$5000 in MN. They tried to mail me a citation back in May of 2021 but the mail was returned and... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2024

There is no statute of limitations issue here. You were charged when the citation or complaint was filed in district court. Whether you received the document is neither here nor there as far as the statute of limitation is concerned.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: MN WARRANT IS ISSUED FOR BLOOD OR URINE TEST, ARE YOU OBLIGATED TO SUBMIT TO BOTH?

I WAS TOLD THAT I HAD TO SUBMIT TO A BLOOD TEST AND DID. THE PARAMEDIC POKED ME 2X ON EACH ARM AND COULD NOT GET BLOOD, THEN I WAS ORDERED TO GIVE A URINE TEST. WAS NOT GVEN A CHOICE WITH EITHER.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 25, 2024

You are still required to submit to a urine test if they are unable to get a blood sample and vice versa.

2 Answers | Asked in Traffic Tickets and Juvenile Law for Minnesota on
Q: How long will a minor in possession of alcohol stay on my record after I pay the fine?

It looks like I can pay the fine and no court date is needed.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 20, 2024

This question gets asked all the time. It will remain on your record permanently unless you get the matter expunged. The waiting period is two years after payment of the fine. It will certainly be granted so long as you don't have any additional violations in that two year period.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Minor in Possession 340A.503.3 but case type is Crim/Traf Non-Mand. I was walking not driving and it looks like this sh

Driver box is checked but it looks like I can just pay a $180 fine? I'm so confused, I was walking and not driving. It also is labeled as a misdemeanor but from what I can tell this should be a petty misdemeanor?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 20, 2024

It is a payable misdemeanor which means that upon payment of the fine it becomes a petty misdemeanor. It is not unusual that boxes get erroneously checked. You could always set a court date and have the prosecutor amend that provision.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If you were subpoenaed as a witness in a criminal trial for a date, and that date changes, do you have to be...

Served a subpoena again?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 10, 2024

Yes, the subpoena would have to reflect the new trial date so you would need to be re-served with the subpoena.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I have court this a.m. for sentanceing can I try to withdraw my plea?

Really my attorney I don't like her. She had me take a plea and I think I should not have. It's for a 5th degree but only half the evidence was sent to bca. And besides that I had not known the amount was only .25 it's for a fifth degree she did not tell me it was such a small amount... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 3, 2024

A quarter gram is absolutely enough controlled substance to charge out a 5th Degree Possession.

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