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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Criminal Law for Minnesota on
Q: Car title chaos

I bought a car from a guy for $3200 and the title was not his name but it was signed and he has a vehicle he told me that he just wanted to get the brakes fixed and he would bring it back later I still Held the title signed over by the owner but I did not have a vehicle and I found out the guy who... Read more »

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

Get the advice of an attorney. Law enforcement isn’t there to help you. Don’t talk to them until you’ve spoken with a defense attorney.

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1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Sexual Harassment for Minnesota on
Q: Hello! Should I press verbal assault charges against a security guard who verbally threatened me, “banning me” tryin

Thank you!! I have had no interaction that provoked it besides me shaking my head. He is attempting to ban me from a hospital when I did not initiate any encounter with him, and he stormed up to me demanding the I know who he is and I better not mess around with a man like him, I have no idea what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 27, 2021

You can't "press charges." You can report the matter to law enforcement. They will make the decision if charges are appropriate.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Can they force me to testify in a domestic case? If I don't show or testify would the case be dropped?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

Yes, they can force you to testify via a subpoena. A warrant can be issued if you do not show up to testify. It is impossible for anyone on here to answer intelligently whether the case would be dropped if you fail to show or don't testify. The prosecutor makes that decision and the... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If a subpoena was mailed to me. Will I be held in contempt for not showing up? How do they know I even received it?

Do not want to testify if I am subpoenaed and would like to know what options I have.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

Typically a subpoena needs to be served on your personally or to another adult residing at your home.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If I am subpoenaed to testify and am the victim in a domestic case can I refuse to testify or can I plea the fifth?

I do not want to testify I do not want this case to happen but I don't know what I can do to get it dropped.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

You can attempt to plead the fifth. But ultimately, you will likely be given immunity which means that you no longer have a fifth amendment right to remain silent. As a result, you could be held in contempt if you refuse to testify. Being held in contempt would likely mean that you would be held... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: If I'm the victim of a domestic but want to recant my statement how can I do that?

I feel I was miss understood by the police and because I was miss understood my ex is being charged with something he didn't do.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

You can't certainly contact either law enforcement or the prosecutor to address this issue. In all likelihood, your initial statement to law enforcement was audio recorded, and perhaps video taped as well via a body cam. So there should be an accurate recording of your statement. You... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it proper for prosecutor to enter NG plea when not in open court and where all talks were off the record?

Petty traffic case. Remote hearing (arraignment) takes place. Pros offers a plea and I decline. Pros then instructs clerk to schedule for trial. I never said that I would plead NG, nor did I refuse to enter a plea. I presumed I would have a hearing before a judge to do this, but it has been entered... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 24, 2021

Nothing here was improper. It would be typical, particularly in a petty misdemeanor, that you wouldn’t necessarily enter a not guilty plea in front of a judge. It is a procedural step and the failure to do so isn’t a significant error.

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Minnesota on
Q: I learned that i techinacally do not need a license since i have no waived my rights. what do i do if i get pulled over.

I learned that if i get a licience that means i am waving my rights and that i must follow all laws in my state related to using and obtaining my vehicle. I dont want to get license because i want to keep my rights. I know i have the right to travel and by obtaining my license i will loose that... Read more »

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

You cannot legally drive without a license. So you will get ticketed, fined and perhaps even jailed if you drive without a license, especially if you do so repeatedly. Otherwise you can get a license and drive legally.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I put a sticker on a divided highway sign and got a citation with a mandatory court appearance. What should I expect?

I have some speeding tickets in my past but nothing too serious on my record. Will I get jail time? I’m hoping just probation or paying a fine.

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

It’s impossible to answer without knowing more. What specifically are you charged with? Do you have anything other than speeding tickets on your record? Where are you being charged? Contact an attorney directly.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: How much jail time for my first DUI

The first time I’ve heard of jail time for the first DUI. In regards to this matter

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

Call an attorney directly to discuss all the facts of your case. You should not be representing yourself in a case like this.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was released on a ROR but no conditions set but to show up for my first court date
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 17, 2021

There is no question here. Contact an attorney directly.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: Is it a DANCO violation if my Ex (the victim) comes to our child exchange I did not know she was going to be there.

There was supposed to be a third-party to do the exchange she canceled the third-party and showed up herself then called the police. I gave her our child and left right away

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 13, 2021

It is your obligation to leave immediately if you see the protected party whether you expect to see her or not. It sounds like you attempted to do that. Get an attorney on board immediately to fight this.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over with multiple other vehicles by one trooper and ticketed for going 75 in a 65, but I wasn't speeding.

I have contested this ticket and the court has sent me the video of the incident. It does not show how fast anybody is going and in the audio the trooper is heard saying that everyone was speeding and we were traveling in a pack, which is false. In the video you see the trooper pull over a truck... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 12, 2021

It is sufficient if the judge believes that the trooper’s word constitutes truth beyond a reasonable doubt. The trooper could certainly consider evidence that you were driving as fast as the truck if he clocked the trucker and the other vehicles were right behind it.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: My friend was picked up on a warrant from 5 years ago. When he's been into jail. But that never came up before

He was on probation. So how did they pick him up

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

No one can answer that question without more information. Consult with an attorney directly.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can you dismiss a ticket in Minnesota without having to go to court?

I didn't park in handicap parking but I was parked in a space between 2 handicapp parking spots. But the thing is, a huge amount of snow was covering the space and when I removed the snow from the area, I later realized after the officer issued the ticket and left, - that the area wasn't... Read more »

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

No. You’ll need to go through some sort of court process if you’re going to get the charge dismissed.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was pulled over for DAR and the cop asked me to do controlled buys to get out of it, is that legal?

I have a criminal history, but I have been out of that lifestyle for almost 5 years and the cop also acknowledged that before he asked me to do this. Again, I was only pulled over for driving without a license. I'm not on probation and I had nothing illegal on me. So I told him I would think... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 24, 2021

Sure it’s legal. I tend to think doing CI work to get out of DAR is a terrible idea. But that’s up to you if that’s something you want to do.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My son is jail for murder in second degree no intentional The he can get out with a probation He’s récord was clean
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 24, 2021

That’s impossible to answer without more information. Second degree murder would generally carry a significant prison sentence even with no prior criminal history. He is not going to get a positive outcome without an experienced, dedicated attorney. He needs an attorney ASAP.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I plead guilty to DUI in 2016, completed my probation requirements, and my probation has ended yet I "need" interlock??

How is it legal to hold me accountable to a private company in order to regain my driving privileges? I quit drinking 3 years ago, waited 4 years to complete probation, and I'm STILL forced to complete a interlock program that costs thousands of dollars before I can get my license back?! How... Read more »

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

The license revocation process is entirely separate from the criminal case. So for starters, nothing you would've done in the criminal case would have affected your license revocation. That is requires filing paperwork in a civil matter called Implied Consent. You do not have a... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If the victim in a domestic is issued a warrant what may cause that ? The victim was never told to attend court either
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 21, 2021

Call a criminal defense attorney directly. An attorney might be able specifically address your situation.

1 Answer | Asked in Civil Litigation and Criminal Law for Minnesota on
Q: Which case law allows for house arrest to be credited to sentencing

While paying $840 per month for ankle bracelet/and alcohol monitoring system while on a $15000 cash bond pending trial,defendant is seeking jail credit.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 21, 2021

An individual is not entitled to credit in such a circumstance. The case law is very clear that the alternative to jail that provides jail credit has to be "the functional equivalent" of being in custody. The typical circumstances wherein someone might get such credit would be in a... Read more »

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