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Questions Answered by Jonathan Matthew Holson
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

1 Answer | Asked in Criminal Law for Minnesota on
Q: someone used my debit card I lost and spent 50 dollars at a store. Police can't contact the person in question....

What can they be charged with and what if the police aren't able to make contact with the person who used my card??

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

The individual could certainly be charged with financial transaction card fraud. Contacting the person would not be necessary so long as they are able to identify the person.

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 Criminal Law for Minnesota on
Q: In Minnesota in Sherburne county what does a Level F Federal Hold mean while in county jail
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 21, 2022

I'm not sure about the level F, but the federal hold means that the the inmate is being held on some sort of federal matter - likely either an immigration issue or they are facing criminal charges in federal court.

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 Criminal Law and Domestic Violence for Minnesota on
Q: Can I modify a DANCO to where he can attend doctor appointments and talk for the remainder of this pregnancy
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 3, 2022

You can certainly request that the DANCO be modified. But the judge would have ultimate decision of whether the DANCO is modified in the way that you are asking.

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2 Answers | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Minnesota on
Q: If you get a driving violation in one state is it legal for another state to take you to court

So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 2, 2022

There aren't enough facts here to intelligently answer your question. You should contact an attorney directly. But this seems like an unusual situation in the abstract.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I stopped blood on a police officer after being jumped. Can they still charge me for doing so?

F

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 17, 2022

There isn't enough information in this question to intelligently answer your question. That would require a review of all the police reports and other evidence that was gathered in your case. But you are charged with a felony and you need an attorney. No ifs ands or buts. Hire your own... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Wrong way down a one way. My mistake. Tesla driver very angry. What trouble can I be in?

It was in a new construction zone. The last time I drove through I didnt have a problem. The road narrowed and curved. I was stuck going the wrong way. I slowed down and let one car pass. Then the next car stopped as I waived him by. He started honking and yelling out his window. The driver... View More

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

You could be charged with driving the wrong down a wrong way street. Perhaps careless driving as well.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Judge put a warrnt out for pro bat violation for not reporting . I wasn't reporting because I got secret indictment was

Incarcerated at the time and another County so what happens when I go to court on the probation violation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 11, 2022

The violation will likely be dismissed if you can actually establish that you were in custody when you were supposed to be reporting. You cannot be violated if you were unable to comply with probation because you were incarcerated.

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1 Answer | Asked in Domestic Violence and Elder Law for Minnesota on
Q: What happens if someone knowingly violates a TRO.

I live with my grandmother as a caretaker. Over the years my uncle and his wife have caused her significant abuse. He's robbed her of money he owes her, taken her property, stolen from her, broken into her home, damaged her home, and has tried to force her off her life estate. They show up at... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 4, 2022

Violation of a Harassment Restraining Order is a crime and he will likely be charged if the evidence is sufficient to establish probable cause. You've done what you can. Continue reporting violations to law enforcement.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does a defendant have the right to file for a speedy trial in GA? 4 felony charges domestic violence related.

My cousin has been in carcerated in a GA county jail for approx 2 months and don't know when he'll make his 1st appearance. Isn't there a law against waiting so long to see a judge?

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

You need to ask this question in a Georgia forum instead of a Minnesota forum. Laws vary significantly from state to state.

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: What if my lawyer failed to submit my defense evidence and now the court will not accept my self defense plea.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 27, 2022

That would arguably be ineffective assistance of counsel. But you should speak with an attorney directly about this issue to figure out next steps.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m been charged with a felony assault charge; and the prosecution is considering reducing charges.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 23, 2022

There isn't a question here. Call an attorney directly to have a discussion about what issues you are dealing with.

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 22, 2022

It depends on what you are doing. I agree with my colleague that being underage and high is a huge issue if you are driving, operating or physical control of a motor vehicle. Additionally, you get high from using some sort of substance that is illegal for you when you are a minor. Presumably,... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I am to receive a citation I should by law have to sign the citation I was never asked to sign any citation
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2022

No. You are never asked, nor required , to sign a citation in Minnesota.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was stopped for driving on suspended license I was not given a copy of said citation or I never signed said citation

Or asked to sign said citation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2022

You are not required to sign the citation in Minnesota so that is neither here nor there. I would imagine that you are going to be mailed a copy of the citation so you should be looking for that in the mail.

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