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Minnesota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Hello, is it possible to file a motion to have a DANCO removed before his court date?

I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 3, 2022

Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Minnesota on
Q: Desperately seeking Criminal Appeals attorney for my fiance incarcerated, due to mental health I need him to care4me

Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 1, 2022

Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: What would happen to a felon on probation who shot himself in the foot but told the police someone else shot him

In the state of Minnesota

Thomas C Gallagher
Thomas C Gallagher answered on Dec 25, 2021

What did happen? If it has not happened, yet - then avoid that trouble. A felon on probation cannot lawfully possess a pistol or modern sporting rifle. And conditions of probation may prohibit possession of any firearms (read the sentencing order). The first would be a new charge of... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the police enter my home without permission to arrest me for a felony warrant for another state

I'm on probation for wi,ia,and min. I live in mn and found out t hff at ia has a warrant for my arrest with a $5000 cash only bail. I'm a ft student and start my next semester of college next month on the 10th and have to complete the first week of class to get my student loan which I... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Dec 23, 2021

Yes, police can execute an arrest warrant by coming into a home with no other legal authority than the warrant, if they have reason to believe the fugitive is located within. They don't necessarily need to see the fugitive; nor do they need any permission beyond the warrant.

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can the police in minnesota enter my home without permission to serve a felony arrest warrant from another state
Thomas C Gallagher
Thomas C Gallagher answered on Dec 23, 2021

That would depend upon whether they had reason to believe that the fugitive named in the arrest warrant was in the home. The Minnesota arrest warrant would be based upon the out-of-state warrant.

1 Answer | Asked in Federal Crimes and Criminal Law for Minnesota on
Q: Can I be charged with a felony possession over in Germany without a trial for coming up dirty on a drug test in the mil

Back in 02 I came up positive on a drug test.. I was brought in to Cid headquarters and they said that I was gonna have a felony on my record... then they kicked me out... but I think it was a cover for something they thought I did but couldn't prove

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 20, 2021

This question needs to be asked in a military law forum or in a Germany criminal law forum. Minnesota law would not apply to this situation.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Hi...My son is 23 and has 2 felonies on his record. He recently was arrested for 5th degree drug possession.

Judge said that he recommends a lawyer present. He has a full-time job which he doesn't qualify for public attorney? Can we apply for public attorney? And what is he realistically looking at for the 5th degree issue,?

Thomas C Gallagher
Thomas C Gallagher answered on Dec 18, 2021

Of course he can apply for Public Defender representation. Most people with a full time job will not qualify, based on net income. But I believe some do, i.e. a minimum wage job holder who is paying high child support on five kids. It can't hurt to apply. A conviction for any felony drug... Read more »

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2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: I'm in 18 year who started a job kwikTrip for 2 weeks and today I had a man walk in with facial hair

And wanted to purchase alcohol I assumed he was old enough and sold it to him not sure after a cop came in took me in the bag and said I just sold a minor alcohol I am distraught I'm devastated I've never committed a crime I'm an emotional wreck I in fearful of even going back to... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 12, 2021

The charge of selling alcohol to an underage customer is a gross misdemeanor. Law enforcement performs these types of sting operations all the time. You are presumed innocent and cannot be found guilty unless you are proven guilty beyond a reasonable doubt. You are entitled to an attorney and... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: i’m 17 and i have a gross misdemeanor for my sentcance. my probation says “indefinite daysso can you give me a estimate

my mom abuses me so i need to know how i can get away from her even though i’m on probation.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 10, 2021

I assume you’d remain on probation until you complete your conditions of probation. But you might be able to move anyway unless a condition of your probation is that you live at home.

1 Answer | Asked in Criminal Law for Minnesota on
Q: If someone is already incarcerated in another county can they give a guilty plea through the mail?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 8, 2021

That procedure varies a bit from county to county, but is also dependent upon the severity of the charge. A guilty plea via a plea petition will not be accepted on a felony and may not be accepted on an enhanceable offense such as a DWI or a domestic assault. This person should get legal... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Yeah if someone's deceased and there's no known relatives in their house burnt down can I start to clean

No none relatives And house burnt down in July I wanna clean up the property

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 6, 2021

I assume that the home and property belongs to someone now. It is up to the owner whether you can go clean up the property, but presumably it is up to the new owner to take care of those issues. I'd stay off of the property absent permission from the owner.

1 Answer | Asked in Legal Malpractice and Criminal Law for Minnesota on
Q: Is corpse desecration legal anywhere?

I saw a video of judges eating human flesh on a cooking show and I was curious as to how they obtained human flesh being that it's illegal to desecrate a human corpse.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 3, 2021

My assumption is that the judges were not actually eating human flesh. To the extent that they were, it would not be something that would've been filmed in the United States.

2 Answers | Asked in Criminal Law for Minnesota on
Q: My girl friend is in jail in Mississippi right now for contemt of court

Because she was in jail in another place

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 2, 2021

There's not an actual question here. Consult with directly with an attorney about this. But you'll need one in Mississippi if that's where she is. This question was asked in the Minnesota forum.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If you are being charged with dangerous weapons furnishing to minor what could possibly happen
Thomas C Gallagher
Thomas C Gallagher answered on Nov 30, 2021

Take a look at the Complaint, listing the criminal statute(s) charged, along with the maximum possible penalties. Then use that information to determine the presumptive sentence on the Minnesota Sentencing Guidelines. Finally, consider that with help from an experienced criminal defense attorney,... Read more »

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can court records, like mental health records, be sealed from the party they pertain to?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 25, 2021

Generally mental health records that are filed with the court are filed as private or sealed so that the general public cannot access them. I presume you could pursue an order from the court to review your own mental health records. But you should be able to access those directly from the provider.

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2 Answers | Asked in Civil Rights and Criminal Law for Minnesota on
Q: I was came onto by and underage girl from NC she’s 17 I’m 27. Her dad is seeking legal action against me. What do I do?

She matched with me on a dating app. Where I think it stated she was above the legal age. She Flirted with me for a couple days, then let me know she was 17. I told her nothing could happen between us physically until she turned 18 in December. She continued to be suggestive and flirt with me ie... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 20, 2021

This is a scam. I’m assuming dad is looking for you to pay some money for medical bills or therapy? This scam happens all the time.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a judge that signed a warrant out for your DNA be on your case
Thomas C Gallagher
Thomas C Gallagher answered on Nov 19, 2021

Yes. But you can discuss with your attorney whether grounds exist to ask the judge to recuse himself, or whether there is still time to file a Notice of Removal.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Person A was blackout drunk and hit person B with an object on the head. If person B presses charges what would happen?

Person B sustained unknown injuries but we can assume a mild concussion and mild lacerations

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 15, 2021

Person A would likely be charged with 2nd Degree Assault, which is a felony. Person B doesn't "press" charges. The allegations get reported to law enforcement, law enforcement investigates, and the county attorney makes a charging decision.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I had a criminal case that was dismissed now they are still holding on to my property and won’t give it back

The case was 1st degree drug sale it was finally dismissed after 4yrs now they still have cars and money and phone and they still will not give me a court date for them to do so the public defender on my case said I should I hire a lawyer and sue them because this is totally wrong what they are... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 1, 2021

You should contact an attorney directly for help with this issue. You don't really provide enough information about the entire circumstances to address your concerns. A conversation over the phone or in person would be more productive in dealing with this.

1 Answer | Asked in Criminal Law for Minnesota on
Q: When arrested on misdemeanor warrant in another county, what needs to be done so the issuing county responds

It has been over 48 hours since the arrest and the issuing county has not responded about the defendant incarcerated there on a hold basis, or if they will be transporting him back to be seen by a judge, or if they will just release him. The warrant is in violation to a dismissed HRO and is... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 31, 2021

The arresting county reaches out to the county with a warrant.. it is up to the county with a warrant to make decision on whether they are picking up the individual or if he’ll be cut loose.

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