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2 Answers | Asked in Criminal Law for Minnesota on
Q: I got a Minor in consumption, how can I get it cleared from my record without going to court?

Recently turned 18 and am wondering if there is any way to get this off my record, I’ve heard of kids getting unsupervised probation before so could that work?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 6, 2023

Unsupervised probation doesn't mean that they didn't end up with someone on their record. Your best bet would be to get an attorney - either a private attorney or a public defender, if you do not have the funds for a private attorney. An attorney will be able to point you the right... View More

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speeding ticket, 86 in a 70 in Carlton Co. MN. Clean record for over 10 years. Can I get a continuance for dismissal?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 4, 2023

You're ultimately asking the wrong question here. The question is not can you get a CFD, but will you get a CFD. The biggest problem you face here is that you were allegedly driving 16 mph over the speed limit. The fact that you are outstate also makes a CFD less likely. You can certainly... View More

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2 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: My ex-boyfriend got a domestic assault charge and i’m worried for my child, can i deny visitation?

the legal father of my daughter got a domestic assault charge for beating up his now ex-girlfriend in november, he made me believe she was lying but she recently showed me the evidence and i’m now concerned for my child’s safety as there was an incident where all of her teeth became intruded... View More

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

Is there a court order granting him visitation? If not, you can certainly withhold visitation. If there is a court order granting visitation, you would need to go to court to get that changed or get an OFP or HRO restricting contact with your child.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: What kind of proof does the court need to charge someone with assault aside from hearsay?

My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... View More

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

The testimony of the alleged victim is not hearsay if she shows up and testifies under oath that you assaulted her. The fact that she is the only witness to the incident is not unusual. Many assaults occur when the only folks there are the alleged victim and the alleged perpetrator. Listen to... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO

I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact

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

There is no form for this. You can certainly submit a letter to the Court asking for the DANCO to be modified or cancelled. The decision of whether that occurs is ultimately up to the judge who is assigned to handle the case. It is unlikely that the DANCO will be modified or cancelled if the... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I am looking for a criminal lawyer for my nieces that are witness in csc. They told the county attonery

that they were coached by their cousin to make a false police on the victim in the case and wanted the case dropped. Everytime the county attonery talks to my nieces they write up a false incident report of what my nieces said.

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

You should reach out directly to criminal defense attorneys in the area where this offense occurred for representation. There are attorneys out there who should be able to help.

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: How do I fight an assault charge that I was falsely accused of? I was the victim and the one I was assaulted?

This isn't the first incident either. The other time the police didn't believe me either. The guy that assaulted me has a lengthy record of assault and he's a convicted felon. He's also a professional boxer. I have bumps and bruises all over I have photo proof also.

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

Get an attorney to represent you. If you cannot afford a private attorney, get a public defender who can assist you in defending yourself against these allegations.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I recently paid a traffic ticket in full, but Olmsted county has no record of me making this payment. What now?

I recenty got a seatbelt ticket in Olmsted County. I paid the ticket in full. A week or two later, I received a late notice from Olmsted County Court Administration in regards to this citation. So, I called Olmsted County Court Administration to inquire about this late fee. The lady looked it up... View More

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

I am assuming that the ticket was paid electronically. I would go to court administration with the electronic verification showing the date and amount of the payment. Hopefully that should clear up any confusion regarding whether you made the payment or not.

2 Answers | Asked in Traffic Tickets and Civil Rights for Minnesota on
Q: Can the courts go from my contested omnibus in which a motion was filed under state and federal law to dismiss.....

Back to my omnibus, for the second time..without addressing my motion.. because of a error made by the prosecutor..I have been in court almost 2 years and it seems to me that the state doesn't want to follow the law...I have had 3 public defenders 2 prosecutors and multiple judges.my newest... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 8, 2023

Your question doesn't make a ton of sense. Call an attorney directly to discuss your specific issue.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: : Can money and gun be seized if raid officers found fifth degree drug. The drug found was no where by the guns or money
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 25, 2023

Can they do that? Sure. Will the forfeiture hold up in court? That's a much different question and there isn't nearly enough information in this post to intelligently answer. This individual is presumably charged with a crime and their money and firearm have been seized. They will... View More

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3 Answers | Asked in Car Accidents and Criminal Law for Minnesota on
Q: My girlfriend ran a stop and hit a police car. She is facing a misdemeanor with possible jail, but can she get less?

Traffic violation and damage of government property, both parties are fine. She is facing a misdemeanor with possible jail and/or a fine, but what are her odds of getting it down to a petty misdemeanor and less of a fine? She has been a great driver for years but happened to be running late to work... View More

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

There isn't nearly enough information here to intelligently advise whether she is likely to get a petty misdemeanor in these circumstances. In any event, she needs to get an attorney on board. The prosecutor isn't going to offer a petty misdemeanor out of the goodness of their heart.... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Violation of probation, it was deemed i could not be violated due to I am in unable to work per the judge

NOT A REPEAT QUESTION IT IS ABOUT ALREADY JN COLLECTIONS.

I have mental health issues they extended my

probation for whatever reason. But if the judge already said once a year ago she could not violate me and it has already gone to collections in the state of Minnesota who I also... View More

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

First, this is not a double jeopardy issue. The fact that you were unable to work a year ago doesn't mean that you cannot work now. Mental health issues can get worse and they can get better. Ultimately, it would be up to probation to show in a violation hearing that you could've paid... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Last year I went to court for a probation violation I was unable to pay my fine the judge said she could not violate me

They are trying to violate me again for the exact same thing that I have already been to court for. I am not able to work due to mental health and my therapist also sent this to court last year I am not released to work. Does double jeopardy apply to violations? And my probation has been up and... View More

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

This appears to be a repeat question.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: Fight DWI license suspension

My son was pulled over for having an air freshener hanging from his rearview mirror...which led to "have you been drinking"...which led to "please step out of the car". They administered field sobriety and breath tests. Did 2 more breath tests at the police station. .09 was... View More

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

It might be. Law enforcement is not required to read him his rights to run him through field sobriety testing and the implied consent advisory is not required prior to the PBT. An implied consent advisory would be required prior to a request for a breath sample. Your son should contact... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket and the officer put I was driving a snowmobile and I was not I was driving a 2014 mazda cx-5

I got a speeding ticket and the officer put I was driving a snowmobile and I was not I was driving a 2014 mazda cx-5 he also put im the owner of the car and I am not my wife is he put on my ticket I was going 40 in a 30 and in his report he put I was going 47 in a 30 can this get throw out or no

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 6, 2023

I agree with my colleague. These are all errors that can be fixed prior to trial and would not result in dismissal of the citation.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: Does a harassment restraining order prevent one from owning a firearm in Minnesota? HRO- no findings. Not DVRO or DNCO.

We were married. Assaults happened as well, but I had already failed at getting a DVRO because the only time I was allowed to see a doctor after an assault was too long ago. All I had proof of was 1,000+ texts and break ins. I was under the impression all restraining orders take the right away, but... View More

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

A HRO typically would not affect someone's firearms rights. A HRO does not have the same effect as an OFP in that regard.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: I was arrested over a year ago, charged with driving after cancelation, and pled guilty. The case was closed March 10.

I contacted the Isanti County MN court administrator requesting the cash bail that was posted ($1000) and was told there now was a hearing scheduled the end of April regarding the refund. The judge signed off March 12. Can they do this? Don't I have a right to this refund ASAP? What action can... View More

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

If you posted cash bail, the bail should be refunded to you absent the costs of any fines, court costs, etc. The only exception to this would be if you violated conditions of release or missed a court date during the pendency of your case. When that happens, bail can be revoked and in some cases... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: On December 12 I was pulled over in Burnsville MN. The complaint is full of holes, and miss guided not truths.mm

I had for gotten bringing wheels at home so I stopped at a local business to get more. While I was in side an officer pulled into the lot. My wife says he about hit our car and then backed into a spot at the end of the building in a one row parking lot so like 5 spaces away from us. I came out got... View More

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

This question is confusing to say the least. You should reach out directly to criminal defense attorneys to discuss the matter and what legal or factual issues you might have in this case.

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1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: What are the odds of DANCO be dismissed, interfere with 911 call if this is his first offense? If the victim contacts

The prosecution office to put in her request to have it dismissed as they have small children and she wishes to work on the marriage?

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

Asking someone to give you "odds" on the likelihood that a DANCO will be dismissed/cancelled in these circumstances is unrealistic. That depends on a number of factors such as where the offense occurred; whether there is any prior criminal history; what the exact allegations in this case... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can I sue my manager for making a racist remark and being biased?

I was helping a elderly couple who came to MN since 6/2022 from Laos do their first time State ID. It took me about half an hour to get it done. The next day I was called into the office by my manager to ask why I took half an hour to do a simple transaction that can take 15min. I explain to my... View More

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

This is not a criminal law issue. I'm not sure that suing your manager would be particularly beneficial unless your manager has deep pockets. I suggest that you report the manager to his higher ups and allow them to address the issue internally.

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