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Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Criminal Law for Minnesota on
Q: Can drug court do this

Someone in jail gets on drug court for the first time and is being told she must sit in jail for a bed gut the individual in jail never signed up for a bed or anything like that she has been in jail 38 days they are trying to send her to inpatient treatment after her attorney said she should get... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 5, 2023

Jail is not treatment. Thirty days in jail is not going to count toward 28 days of inpatient treatment. It sounds as if she will be released from jail once a treatment bed becomes available. That bed hasn't opened up yet so presumably she hasn't been released. Treatment is typically a... View More

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If an individual is in custody for probation violation and has a warrant in another county for a probation violation

If an individual in custody for probation violation and finds that another county was a warrant out for a probation violation what needs to happen for the individual to get released

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 28, 2022

The individual would likely be held until the first case is complete and then they would be transferred to the second county where the probation violation warrant was issued. The family could post bail on the second matter if it has been set. Otherwise, the individual would be held or would need... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: In Minnesota if you are not home, do cops have to call you before issuing a citation?

My vehicle was parked on the road in front of our house. We left early morning on a Friday morning for a family emergency in another state. On Saturday night the cops issued a warning and left it on my car that I had to remove it in twelve hours. I was in another state and we did not get back home... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 12, 2022

To my knowledge there is no obligation to notify the owner before issuing the citation, but I would assume that you were ticketed for violating some local ordinance in Austin. I'd take a look at the specific ordinance and see that is addressed. But I would guess that the failure to contact... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I be pulled over on private property for a traffic stop?

The officer didn't turn his lights or sirens on until we were on private property. The officer located drugs during the stop . If the stop wasn't legal can the charges be dismissed?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 7, 2022

The charges can be dismissed if the stop wasn't legal. But this isn't the Dukes of Hazzard where you cross the county line or get onto private property and the cop has to leave you alone. That issue isn't going to be a winner. There might be other issues that can be successfully... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speed entered into system doesn’t match ticket, what is probable outcome when contesting this?

Officer upped the speed I was doing by 10 miles an hour when he entered the ticket into the state system. It does not match in any way the ticket I received. The ticket reads 70/60, the officer entered 80/60. County attorney wants to talk about it. I want to know if I should just wait and go... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 29, 2022

The officer doesn't enter the citation into the Court system. That is done by court administration. This is unlikely to result in dismissal. The citation would simply get amended.

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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Minnesota on
Q: Hi I'm 18 turning 19. I want to get a gun for target shooting but have had a history of anger when younger ages 4-14

So when I was younger I was diagnosed with low levels of autism and fasd but was before they knew I had adhd and they says that's the real reason I was like that according to state law In Minnesota and federal law you can't own a gun if you've been adjudicated as a mental defect by a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 28, 2022

You should speak directly with an attorney about these issues. On first reading, it doesn't sound as if you would have any legal prohibition on owning or possessing a firearm, but you don't want to put yourself in a bad situation. A legal forum is no substitute for speaking directly... View More

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Im a victim, can i recant my statement in a domestic violence case?

I would like to recant my statement regarding a DV case i am a victim of. I know now I should've said the truth but i was scared of what woould happen.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 7, 2022

You can certainly recant your statement, but that is not a silver bullet in terms of resulting in an automatic dismissal. You might also expose yourself to criminal liability for filing a false police report. I would recommend that you get legal representation prior to contacting law enforcement... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a person get a GSA performance security Bond after conviction of a criminal case in Minnesota

Post convention bail is it possible for a person incarcerated in a Minnesota prison after conviction

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 7, 2022

I'm not sure what a GSA performance security bond is. That is not a term that we use here in Minnesota. Once someone has been incarcerated, the trial court no longer has jurisdiction to set a bond, so I this isn't really going to be an option. That might be different if the person is... View More

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota on
Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 15, 2024

DAC-IPS is absolutely a criminal offense.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Is the minnesota predatory offender registry fall under a civil or criminal area?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 25, 2024

It is a statute that imposes criminal consequences for failure to comply.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: During the araignment can one ask if the charge is Sovereign rights violation or a contract statute violation?

Clearfield Doctrine: [4] Corporations are not and can never be SOVEREIGN. They are not real, they are a fiction and only exist on paper. 5] Therefore, all laws created by these government corporations are private corporate regulations called public law, statutes, codes and ordinances to conceal... View More

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

This is a bunch of nonsense. Folks have been raising sovereign citizen arguments for at least the last 15 or 20 years, probably longer. They aren't successful. If they were, these arguments would be raised in every single criminal case and no one would be convicted.

2 Answers | Asked in DUI / DWI for Minnesota on
Q: I am trying to help my client get his license in Minnesota and he h as outstanding DUI's in different states

M client has a few DUI charges in different states and a warrant in a different state. He is trying to get his license in MN and these charges are back 10-15yrs.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 21, 2024

There isn't really a question posed here, but I would suggest that your client retain an attorney to assist with addressing these issues. There isn't really enough information in this question to intelligently help absent a conversation with the client.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was stopped in rural Minnesota, several miles outside of city limits by a city cop and issued a speeding ticket.

My question is can a city cop stop me out of his jurisdiction if he did not witness me speeding in his jurisdiction? I was already through said city and going north away from town and he was heading south towards it. Which means there is no way he witnessed me speeding within his jurisdiction.

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

Assessing the validity of the traffic stop is not something that can be done simply based on what you believe occurred. An attorney would need to review the police reports, squad video, body cam, etc. before providing anything resembling a meaningful answer to your question.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Hello, my Fiancé has a history of a felony. He served all of his time, no parole. Last year he was charged with a new

felony. We drive to court out of state every 2-4 weeks for the past 11 months. He has not missed a court date! The out of state case has not gone to trial, and his attorney is still waiting on full discovery.

A few weeks ago, he was arrested and charged, in our home state with being near a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 4, 2024

Typically, it is the judge assigned to the case that decides whether the conditions of release are going to be modified. His attorney cannot "judge shop" for a more favorable decision from a different judge. Your fiancé has a difficult decision to make here. It seems as if he will be... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: So I was pulled over for a dirty license play said was unable to see

But was clearly visible once he was stopped

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

There should be dash cam footage of the traffic stop. The driver should be able to challenge the stop if the dash cam shows that the plate was not actually obstructed.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Where to look , or go about obtaining criminal probono lawyer, (for son in Minnesota jail), please need help?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 13, 2023

Pro bono attorneys in Minnesota are called public defenders. You son can fill out an application for a public defender at the jail where he is being held. Otherwise, he should reach out to private attorneys to see what they might change in your son's circumstances.

2 Answers | Asked in Child Custody and Traffic Tickets for Minnesota on
Q: Can a Guardian Ad Litem see a pending traffic citation? I plan to contest the citation but have not scheduled a hearing.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 11, 2023

I don't believe that the GAL will be notified of the citation, but the GAL would be able to access that information.

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1 Answer | Asked in Criminal Law and Employment Law for Minnesota on
Q: How do I know if my right to possess firearms was taken away?

I was charged with multiple violent felonies that were dismissed, and convicted of a misdemeanor (domestic assault.) I am not looking for an answer here, but want to know where to go for an absolute “yes” or “no.” Is there a service, agency or person that can provide the answer? Does an... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 20, 2023

A domestic assault conviction is bar to the possession of firearms under federal law.

2 Answers | Asked in Criminal Law for Minnesota on
Q: What is the reason they would book someone after court?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 20, 2023

Some offenses require booking by statute.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I received a citation for indecent exposure and on the citation it is not marked to go to a court hearing.

Yet,I received a notice for a court appearance. So for a misdemeanor charge can one pay the fine and not have to go to court? Also the city attorney sent a letter about being booked after my court appearance. Yet, i wasn't arrested just given a citation.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 20, 2023

Just paying the fine for this will not be an option. It is a misdemeanor offense which requires a court appearance and it also requires booking as well.

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