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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Criminal Law for Minnesota on
Q: Is it illegal to have and consume a Vape in Minnesota?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 13, 2023

Illegal for whom? What is in the vape? There is not enough information here to intelligently answer this question.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a defense attorney get a report from the bca or is it only the prosecuting attorney that can do that?

I believe the bca lost the evidence but my attorney says he is waiting for the report from the prosecuting attorney. It's been 7 months already. Also they keep asking me if I want to plead out.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 2, 2023

The defense attorney generally receives those records from the prosecutor. So the BCA sends them to the prosecutor and then the prosecutor sends them to the defense attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My 2 brothers and I all got drug charges stemming from a search warrant. My lawyer insisted on waving my omnibus and pl

Plea. Then the warrant and all the charges get thrown out for brother #2. My other brother is still fighting his charges. If the judge threw the warrant for one of us shouldn't it be throw out for all of us?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 30, 2023

The legal issues are not necessarily the same for all three brothers. The legal issues would specific to each brother's situation. The judge who threw out your brother's case only has the authority to decide the case that is in front of the judge.

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1 Answer | Asked in Contracts, Criminal Law and Traffic Tickets for Minnesota on
Q: Will the fact that Minneapolis PD can no longer pull over citizens for things like expired tabs extend to other cities?

Specifically, will it have an affect on other cities in the same county (Hennepin)?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That will be up to the other cities, but I tend to doubt that all the cities in Hennepin County will adopt the same policy.

2 Answers | Asked in Family Law and Domestic Violence for Minnesota on
Q: Duo ofp

Abuser locked me out ruined my belongings and now he's serving me where is my rights as a victim

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 24, 2023

You can certainly contact law enforcement about the destruction of your property. You should also contest the OFP. You also have a right to request an OFP against him. The process for that is fairly straight forward and the paperwork is available online and a courthouses.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can you be charged and convicted of a felony without knowing or ever having to appear in Front of a judge?

I've got police report of the situation but only cause I got it myself from the district attorney 2 years later. Once I discovered the charges when I ran my own background check. Until then I was unaware I was charged and not to mention convicted of these charges. How is this possible?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 22, 2023

No, you cannot be convicted of a felony without having appeared in Court unless things were handled remotely via Zoom hearings.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Ofp

If the petitioner stops at say a gas station and is unaware the respondent is there, is it up to the petitioner to leave immediately? I have an ofp on my ex and he has it in his mind that that if he is there first I must be the one to leave. (I have to fuel up at this station for work) Ofp states... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 22, 2023

An OFP is typically a one way street unless there are mutual OFPs. He would be obligated to leave a location if you arrive, particularly if there is a 1,000 ft restriction.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: What is the legality regarding lap dances in Inver grove heights, MN?

I am very confused by the laws concerning this. I have seen some people classify it as violating prostitution laws, others say that it violates obscenity laws. Still others say it is legal. If a dancer is doing light grinding on a patron, and the patron is fully clothed, does this violate any laws?... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 21, 2023

It's probably a bad idea to do it if you are questioning it's legality. Perhaps the best thing to do is to avoid getting a lap dance where the dancer is "lightly grinding" on you.

2 Answers | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: Is it illegal to moan at strangers in public in Minnesota? Not at children or anything just adults
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 16, 2023

I do not believe that it would be illegal absent some other physical activity that might come along with the moan.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Am I able to request that my ofp be turned into a danco?

I have an ofp on my ex and have had it renewed, if u will 3 times over the last almost 5 years. He has been violated on this ofp. He recently bought a house on my road and is even closer to my home then before. Just out of the 1000ft ordered range. He drives by all hours of the night and is... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 4, 2023

No, there is no process whereby an OFP can be modified into a DANCO. You could certainly seek to have the terms and conditions of the OFP to be modified to make it more restrictive if the respondent has moved on your same street

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1 Answer | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: Can a 16 year old male date a 21 year old female in Minnesota?

The 21 Year Old female is in no position of power over the 16 Year Old, and met through work both as event attendants. The 21 Year Old does work at a school as a special education para, however not in the same school district as the 16 Year Old.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2023

"Dating" is not illegal. The actions that accompany "dating" - sex, sexting, etc. can be illegal. The sixteen year old is over the age of consent in Minnesota, but this is a terrible idea. Realistically, you have little or nothing in common with this child. Run away as fast as you can.

3 Answers | Asked in Criminal Law for Minnesota on
Q: How do I go about being falsely accused of theft in a city I've never been. I don't know how to go about it to clear it.

Theft charges in a place I've never been. There's a remote hearing scheduled but I don't know what to do. They say they have a video can I or how do I request the video. What are the best steps to take.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 12, 2023

A good start would be to get an attorney. Theft is a serious charge that can have long term consequences for you in terms of employment, housing, etc. An attorney will be prosecuting you and you need an attorney to fight for you and to protect your rights. You should apply for a public defender... View More

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2 Answers | Asked in Libel & Slander and Criminal Law for Minnesota on
Q: How long do I have to pursue charges against someone who made a (proven) false police report against me?

My ex called police and tried to get me sent to jail by telling them that I assaulted him, it was proven false by a third party witness. No charges were pressed against me. A few years have passed but I am having issues with this person again and I am really regretting not pursuing criminal... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 11, 2023

You don't "press" charges. You report the matter to law enforcement and a prosecutor presses charges. It is unlikely that they are going to press charges against her if they already prosecuted you based on her allegations, but it certainly cannot hurt to call law enforcement about the issue.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: What is a ballpark range for hiring a lawyer for a first degree drug possession charge in Lyon county mn?

Just wondering about how much I’d have to pay if I wanted to hire a lawyer for my boyfriends case.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 10, 2023

Your boyfriend should contact attorneys direct that practice in Lyon County for prices. The price is going to depend on a number of factors including the charge(s) he is facing, his prior criminal history, etc.

3 Answers | Asked in Criminal Law for Minnesota on
Q: If wife and son were subpoenaed on a misdemeanor domestic. Do they have to go to court and testify against their hub/dad
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 29, 2023

Yes, they have to show up. If they don't, a warrant will likely be issued for their arrest. They should consult directly with a criminal defense attorney if they intend on testifying differently than expected based upon the statements that they made to law enforcement.

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2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for Minnesota on
Q: how can i lose my lisense when i wasnt even driving

i was never arrested for driving and i was never brought into the station to have an official breathalizer administered

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 18, 2023

There is not nearly enough information in this question to intelligently answer what you are asking. Contact a criminal defense attorney directly to discuss what exactly occurred here.

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3 Answers | Asked in Criminal Law and Municipal Law for Minnesota on
Q: Can one have a case dismissed if city attorney lies to the court for a change of a trial date?

Audio recording from city attorney saying emergency surgery, I have proof the city inspector was in the Philippines visiting his new internet girlfriend. Code violation and years of being harassed by the city. Lies on the probable cause. Not on the city hit list of violators, no complaints, no... View More

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

You can certainly make such a motion, but that doesn't mean that the motion to dismiss is going to be granted. The worst that the Court can say is no.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Good afternoon- My 12 year old daughter was verbally harassed/antagonized by an employee and there were witnesses.

My daughter was aggressively barked and harassed by an employee at the Dollar Tree in Fridley, MN or may be considered Columbia Heights. My child is now afraid to go to stores because she feels that will happen again.

There is a lot more and a backstory to how this came to be.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 23, 2023

There isn't really a question here. What you describe would not be a criminal matter. She wasn't charged with a crime and I'm not sure that her treatment by employees would rise to the level of a crime. What kind of advice are you looking for?

1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: brother spanked my kid, I don't spank, he knows it. It wasn't warranted, just in anger. I wasn't there. What do I do?

My kid was visiting her grandmother and my brother was there also. I don't want my kids around him period but he was there without my knowledge. My mother doesn't seem to be bothered by this but she also never had a problem hitting or screaming at me as a child either. I was in an abusive... View More

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

You could certainly contact law enforcement. You could apply for an OFP against your brother on behalf of your child. You could choose to keep your child away from your mother and brother. You have a multitude of options here. You just need to decide how you want to approach this situation.

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: A search warrant that states a offense that is not in the code books. Is stated offense actually a offense or crime?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 20, 2023

The offense could be an ordinance violation. The best thing for you to do would be to reach out directly to a criminal defense attorney to get assistance in answering this question.

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