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Questions Answered by Jonathan Matthew Holson
3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 3, 2023

Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when... View More

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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 Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

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

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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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: I was charged and appointed public defender. State attorney filed to have a certain judge removed from my case . I was

Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit

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

Did you admit to the violation? Was there an agreement as to the sanction? If so, then you would simply receive the same disposition in front of a different judge. Otherwise, the case could be set in front a different judge for a formal probation violation. But I don't believe that this... View More

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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 Landlord - Tenant for Minnesota on
Q: If someone on an isr program breaks the rules where they live can they be asked to move immediately?

The person on the isr program was to specifically get permission to have people he knows come over. He has continuously had people coming over when I'm gone at night working and my dog apparently bit one of these people. My dog has never but anyone before. I want him out of my house Bec I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2023

You don't indicate in your question what your relationship is to this individual. The legal issues surrounding asking them to leave - such as an eviction - are going to be different than the question of whether they are violating their supervised release conditions. I would advise you to... View More

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.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I was speeding going 93 in a 65. Cop wrote it down as a petty misdemeanor. I have a clean record. What are the charges?

I already admitted to the speeding on the scene. Is it worth going to court?

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

The charges are whatever are listed on the citation that you were provided. In Hennepin County, it would certainly be worth setting a date with a hearing officer or even a court date. Hennepin is pretty generous with speed reductions or even a Continuance for Dismissal assuming that your driving... View More

2 Answers | Asked in Domestic Violence for Minnesota on
Q: How do I recant a statement I'm Crow Wing County
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 15, 2023

You can certainly contact the prosecuting attorney's office to explain that you wish to recant your statement. There may be consequences for doing do, including the possibility of falsely reporting a crime and there is no guarantee that the charges will be dismissed. In fact, I think that it... View More

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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 Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Did they have a right to search and charge me

One county sent a kops alert because the night before a person fleed on foot after the officer found a gun on him. The officer had the gun in his evidence now. Since the person fleed on foot, the officer sent out a kops alert. Sometime hours after the incident the person who ran took the van they... View More

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

The search of you certainly could not be based upon a KOPS alert for your friend. They certainly could arrest him under the circumstances, but it is unclear why they searched you and what law enforcement found when they did. It is also unclear why they searched the vehicle. For example, they... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 8, 2023

Can they watch what you are doing in public? Yes, that is not something that requires a warrant. They could not search your property without a warrant. They cannot put a tracking device on your car without a warrant. They cannot listen to your phone calls without a warrant. But surveillance... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: looking to hire a lawyer to help with my driver's license and dui charge. What is the typical cost/ retainer for this?

I am needing representation for a dui charge that has not been brought up yet, but I have lost my license. The officer's in this case did not follow the laws and have a history of harassment. I passed the field sobriety test, and afterwards another officer showed up saying he believed i was... View More

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

Your best best may be to reach out directly to criminal defense attorneys. Fees are going to vary some, especially for somewhere outstate like Becker County. Attorneys that have offices towards the Cities are likely going to have to charge for windshield time, especially if there are in person... View More

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