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Minnesota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Minnesota on
Q: The fasted way to get your mcro updated correctly so you can get bailed out

Court clerk didnt remove the hold without bail or bond part on the mcro so now it has it saying no bond and bail set at 10k (which is the correct one). me and the bondman are having such a headache with us. What’s the fastest way I can get this corrected

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2024

This isn't something that is going to happen over a weekend. A human being will need update MNCIS which is the court information system. MCRO simply reflects what has been entered into MNCIS. Call first thing today to see what can be done to get this addressed.

1 Answer | Asked in Criminal Law and Medical Malpractice for Minnesota on
Q: Can you explain to me in layman's terms what the Minnesota Statutes 549.09 is all about?

Just a couple of days ago, I received a letter from a Law firm asking me to contact immediately to discuss about a liability insurance claimed by its client pursuant to Mn Statutes 549.09. I'm kindly seeking a free consultation before contacting or doing anything further.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2024

This is not a criminal law issue. This is a civil judgement issue. You should ask the question in that forum or contact attorneys directly for a free consultation.

2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What happens if you kill someone who tries to rob you with a gun, but you kill them with a ghost glock

If you are being robbed at gunpoint, but you defend yourself with an illegal glock what would you get charged with

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 4, 2024

You reach out directly to criminal defense attorneys and get one on board immediately. You are facing a potential murder charge here, along with possession of a ghost gun. It also raises the question if you are legally permitted to possess firearms which then creates a potential felon in... View More

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3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Facing 5 felony charges from false accusations by husband's ex-wife in custody battle. Seeking advice on plea deal vs. t

I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 2, 2024

A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If being charged for 2 separate crimes, but you only committed 1 of them, should you want them in an "omnibus hearing?"

I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.

Based on some... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 1, 2024

I'm not sure what you have read or who you have had conversations with, but consolidating these cases is not a bad idea. It saves you additional court appearances and additional hassle. I also do not believe that it creates any bias against you because you are guilty of one case and not... View More

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1 Answer | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: Can they get a warrant based on a word-of-mouth or say A Reliable credible witness that I have a video of doing drugs,

They got a warrant to search my house. Based on this credible, reliable witness's word. Well, he's been doing drugs. The entire time and he has are the credentials that it takes for the Frank versus Delaware. You need to have some kind of training. He's had none. He's a liar and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 1, 2024

If evidence of a crime was recovered by police executing a search warrant, and a person is charged with a crime as a result, then that person can file a pretrial motion challenging whether the search and the search warrant were lawful. If the judge agrees with the defense that the search was... View More

0 Answers | Asked in Criminal Law, Libel & Slander and Mergers & Acquisitions for Minnesota on
Q: Can they get a warrant based on a word-of-mouth or say A Reliable credible witness that I have a video of doing drugs,

They got a warrant to search my house. Based on this credible, reliable witness's word. Well, he's been doing drugs. The entire time and he has are the credentials that it takes for the Frank versus Delaware. You need to have some kind of training. He's had none. He's a liar and... View More

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What are possession laws pertaining to drug charges? Girlfriend pled guilty yet I'm still being charged when I knew noth

Nothing about the drugs. I was detained 1 block from my house before it got raided. Girlfriend already took

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2024

Two points: 1. Criminal possession is possible by more than one person at the same time. Joint possession would mean two or more people criminally possessed at least one thing at the same time. As a result, one person being held responsible doesn't necessarily help others facing criminal... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can personal property be searched before you are released from jail on your own recognizance

He was to be released by order of the judge and after his hearing they said they found stuff in his wallet and he caught another charge so wasn’t released

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2024

His or her defense attorney may want to research whether a search of a wallet after a judge orders release is an illegal search. A search by the government is presumptively illegal unless authorized by a search warrant, or a recognized exception to the search warrant requirement applies.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I be charged with assault even if I have an eyewitness saying the injury came from a slip and fall?

I have prior assault convictions

Sarah Gad
Sarah Gad
answered on Apr 17, 2024

You can be charged with assault if the police have probable cause to believe you assaulted the person. Probable cause is not very high standard. If the alleged victim had a visible injury and claimed that you were the attacker, that's pretty much all that is needed for probable cause to charge... View More

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2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota on
Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

James L. Arrasmith
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answered on Apr 16, 2024

Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What are consumer rights regarding illegal items in a repossessed vehicle?

If a car is repossessed without warning and taken by a tow company and stored on a lot, does the repo company inventory items? If so, What happens in a scenario where illegal items that carry felony level charges are found? Example: small amount (5th degree?) controlled substance, paraphernalia.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2024

The repossession company has no obligation keep illegal items found in a repossessed vehicle private. They should and will likely turn over any illegal items found in the vehicle over to law enforcement. I would presume that the individual would then be charged with possession for those items... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: New aiding and abetting laws in Mn

My fiancé with two other people were in a bar fight in 2015. The victim refused medical attention, stayed at the bar after my fiancé left and died hours later of a heart arrhythmia. My fiancé was convicted of 2nd degree murder unintentional and sentenced to 21 years in prison. He has been... View More

Sarah Gad
Sarah Gad
answered on Apr 9, 2024

You are correct that there is a new aiding and abetting law in the context of felony murder in Minnesota, but whether the new law is applicable to your fiancé's situation requires additional information. With that said, the new law dictates that a person cannot be charged under the... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Is the minnesota predatory offender registry fall under a civil or criminal area?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 25, 2024

It is a statute that imposes criminal consequences for failure to comply.

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2024

I think that it is unlikely that you would be facing jail time for a first time GM drug possession case. The best thing that you can do for yourself to avoid having to serve jail would be to get a Chemical Use Assessment and start following the recommendations. That is something that you are... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: How does a person get a charge expunged so that his gun rights can be restored. He is now 45 years old .

He has not been in any trouble since then. He was 15 when this happened.

Robert Kane
Robert Kane
answered on Mar 19, 2024

Having a criminal record expunged may not restore a person's right to possess firearms. You don't provide enough detail to determine your situation. An attorney can assist you if you want it done properly. Some attorneys are affordable and some are not.

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Is it possible to find someone to go to the county jail to speak with my son.He has a case coming up.

He can explain, give proof. Very important he speak in person. Not enough money for calls, etc. I am trying to get him help. Needs to file grievance. Confict of interest. Jailer threatening him to abide, jailer related to judge, request to be moved ignored, etc He would explain.

James L. Arrasmith
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answered on Mar 15, 2024

It's important to act quickly in situations like this. Reach out to local legal aid organizations or public defender's offices; they often provide free legal services to individuals who cannot afford them. They may be able to assign a lawyer or an advocate who can visit your son in jail... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: How can I get a grievance file started asp in blue earth county
James L. Arrasmith
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answered on Mar 14, 2024

To get a grievance file started in Blue Earth County as soon as possible, it's important to first understand the specific nature of your grievance. Different types of complaints may require different approaches and might be handled by various departments within the county. For example, issues... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can firearm rights be restored, even if an expungement is not possible?

Is an expungement available for a conviction under 609.222 (assault 2nd degree)?

Can firearm rights be restored, even if an expungement is not possible?

James L. Arrasmith
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answered on Mar 13, 2024

In Minnesota, expungement may be possible for a conviction under § 609.222 Assault in the 2nd Degree in certain limited circumstances. However, even if expungement is granted, it would not automatically restore firearm rights.

Expungement eligibility depends on the specific facts of the...
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3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

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