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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: Meaning of “no direct or indirect contact” in a restraining order in context of being in the same physical area or room?

In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”

Can I be in the same... View More

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

It is totally dependent upon the language in the OFP. I would avoid being in the same location as the protected party. Being at school events is setting yourself up for trouble. The problem is not being there, but putting yourself in a location where she can claim that you had some sort of... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Were my rights violated?

I was supposed to get a jury trial to decide the outcome of my case, but the judge decided it all instead. Me and my boyfriend had the exact same charges, but he was given a much lighter outcome than me. I'm very confused and feel like I've been messed with a bit.

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

The judge decided it instead? You must've waived your right to a jury trial. That would've occurred in court and on the record. None of us have seen the police reports. So there is no way to determine if the judge "got it right." But presumably, there must've been some... View More

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2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 29, 2023

An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was caught on camera 26 time.forgetting to scan something…over a period of time . They stopped me and call the police.

he gave me a citation and told me to watch for a court date and this was at her yet what do I need to do? I do feel I rush and don’t pay attention to close when scanning or missing….. please give me advice

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

The phrasing of this question is a tad confusing. I’m not sure if this is one instance or a series of instances (reference to over a period of time). In any event, you need to take this seriously, a theft on your criminal record is going to carry long term consequences for employment, housing,... 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.

2 Answers | Asked in Domestic Violence for Minnesota on
Q: My sister filed a restraining order against me and the judge did not let my witnesses finish because it was lunch time.

Do I not have a right to bring all witnesses forward and to continue to prove that what my sister said is not true? Additionally, my sister never said I should not talk to her. Is that not necessary prior to obtaining a restraining order? My sister owes me money from my fathers estate and now I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 9, 2023

The judge should've taken a break and allowed your witnesses to finish their testimony at a later time. It is not necessary that your sister have "warned you" prior to pursuing a restraining order. She can move straight to getting a restraining order and then the judge has to make... View More

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: If a victim of domestic assault wants to dorp charges does the state have the right to press charges?

The person who called cops didn't want to press charges but felt forced to after being asked several times. She then says yes. Later wants to drop charges not feeling scared or physically hurt how can they still pursue the matter of she doesn't claim to be a victim

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

In Minnesota individuals do not press charges. The decision of whether to move forward with charging is made by a prosecutor. The wishes of the alleged victim are considered, but not dispositive. Ultimately the prosecutor, Ken, and will move forward with charging even if the alleged victim wants... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I went 95 in a 65 and got reckless driving on top of that. Will this go on my high-school resume or affect college admis
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 29, 2023

It only goes on your high school resume if you put it on your resume. You're the one that writes a resume for job or college applications. Will affect your admission into college? That really depends on the questions that are asked of you on the applications that you submit. There could be... View More

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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 for Minnesota on
Q: Does law enforcement have to tell you that your under arrest? To understand the context of what I mean

I was once stopped and the officer after he ran names and plates of the car etc. came to the window asked me to get out of the car, and I did walked to the back of it, told me to put my hands out and he searched me and handcuffed me and walked to his squad and put me in the back and the only thing... View More

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

Typically an officer would tell you that you are under arrest and typically you would be informed what you are being arrested for. The fact that the office did not do that, is not necessarily going to result in a remedy. But there could be something here if you were questioned after arrest... View More

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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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2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 13, 2023

Your question is a tad confusing, but it's fair to say that if you committed a 2nd 5th Degree assault 15 days after you were sentenced on a prior matter that you have big problems. If you are convicted of the new offense, you would be in violation of probation. I can only assume that you... View More

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4 Answers | Asked in Criminal Law for Minnesota on
Q: A different state used a California conviction to enhance their sentence. Is that legal?

The conviction in California was a no-contest plea, and out-of-state enhancement wasn't part of the deal.

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

Yes, Minnesota can use to a California conviction to enhance an offense in Minnesota.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: How to remove a conviction record for a traffic petty misdemeanor under Minnesota Statute 169.14.2(a)(3) after 5 years?

I have a Petty Misdemeanor Conviction from May 2017 under Minnesota Statute 169.14.2(a)(3) for "Traffic - Speeding - Exceed Limit 55 mph Where Appropriate 65/55" as I had paid off the fine ($118) without appearing in the court. Now in June 2023, I wanted to know how can I remove this... View More

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

You would want to pursue an expungement of the conviction. An attorney can assist with this. It is doubtful that the Court would allow you to withdraw the guilty plea this many years after the fact. The expungement would remove the conviction off of your driving record.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: In MN is it a violation of a OFP to have my wife served divorce papers?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 8, 2023

No, the legal process of serving your wife with divorce papers would not be a violation of an OFP. But you should have representation assisting you with this process. Having a "friend" serve her with divorce papers is far more likely to cause problems for you than if you have an... View More

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