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Minnesota Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: What happens if the cops show up with a body only warrant n they don't find the person there but found other stuff?

They came open up my camper door.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 30, 2022

They don’t have to ignore it as long as it is found in a location where the person with the body only warrant could be hiding. You can then get charged for the contraband.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What happens if the cops show up with a body only warrant n they don't find the person there but found other stuff?

They came open up my camper door.

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 30, 2022

Police lawfully entering on an arrest warrant, likely will be found to be able to lawfully seize evidence of a crime or illegal items they observe, assuming they looked where the person could be. There may be limits, however, that your lawyer could use to argue to a judge that the search was... Read more »

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0 Answers | Asked in Criminal Law for Minnesota on
Q: How long does it take for the feds to pick you up on a reservation in red lake MN, for a gun charge..

If the defendant is waiting for trial in jail

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a judge release you at your trial if your DNA results for a gun charge don't come back in time for your trial?
Thomas C Gallagher
Thomas C Gallagher
answered on Jul 27, 2022

Assuming a person is on trial for a criminal charge involving possession of a firearm, the prosecutor might have more evidence of possession, in addition to DNA evidence. But if the trial proceeded without the state's DNA evidence having been analyzed by a lab scientist yet, that situation... Read more »

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0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Minnesota on
Q: Dealing with Trustee Malfeasance, my sibling. I’m concerned after the house sale she’ll not honor the trust. What to do?

She continually sells assets, pockets the money, and demand I pay for home repairs. She uses the trust account like a personal piggy bank, going out to dinner, having her nails done, etc. She’s prolonging the sale of our parents' home, draining more and more money out of the trust.... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can gun charges stay tribal on indian reservations?
Thomas C Gallagher
Thomas C Gallagher
answered on Jul 25, 2022

It may depend upon the facts and which law(s) police & prosecutors imagine were violated. In Minnesota, depending upon the Indian Reservation, there could be tribal, federal or state prosecution. Call a lawyer on the res. to discuss.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can gun charges stay tribal on indian reservations?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 24, 2022

I think that’s very unlikely to occur.

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0 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: Minn. Stat. § 541.05, subd. 1(9), would anyone be willing to clarify the statute of limitations for domestic abuse?

Fractured nasal bones and fractured septum in 2 places from being head butted by offender 3.5 years ago. I’m being told by law enforcement on 2 separate occasions of filing a domestic assault report that limitations is 3 years. I have never heard from county attorney’s office with either report.

0 Answers | Asked in Divorce for Minnesota on
Q: If I am separated and my wife does not have health insurance, can I be held liable for any of her medical expenses?

I’m currently separated but still legally married. My wife is self employed and I do not want to continue to have her as a dependent on my health insurance since we are no longer living together and will eventually be getting divorced but I am concerned that I could be responsible for her medical... Read more »

1 Answer | Asked in Family Law and Tax Law for Minnesota on
Q: If I’m getting child support and I’m the only one caring for child is the other parent allowed to claim child on taxes
Corwin Kruse
Corwin Kruse
answered on Jul 23, 2022

If the issues is not addressed in the decree, IRS rules govern. The parent with the child the majority of the time gets to claim the child. If both parents have equal time, the parent with higher income claims.

2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: How.many.years.can.you.get for a felon in possession of a firearm? It was a AR-15 gun and this happened on the red lake

Happened on red lake Indian reservation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 22, 2022

The defendant is looking at 5 years in state court. The sentence could be even longer if the defendant is charged in federal court.

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0 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor change the original criminal offence date of witness after making plea deal?

Prosecutor changed original offence date of witness after making plea deal to match date that the defendant alledgedly committed offenses so witnesses testimony in court would be valid.I have both court documents showing date was changed immediately after plea deal was made.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor change the original criminal offence date of witness after making plea deal?

Prosecutor changed original offence date of witness after making plea deal to match date that the defendant alledgedly committed offenses so witnesses testimony in court would be valid.I have both court documents showing date was changed immediately after plea deal was made.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 22, 2022

The criminal complaint can be amended at any time up and until trial. There doesn't seem to be an issue here based upon the circumstances provided.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor change the original criminal offence date of witness after making plea deal?

Prosecutor changed original offence date of witness after making plea deal to match date that the defendant alledgedly committed offenses so witnesses testimony in court would be valid.I have both court documents showing date was changed immediately after plea deal was made.

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 22, 2022

A criminal Complaint is a charging document, prepared by a prosecutor making factual claims the prosecutor must prove at trial to avoid dismissal or acquittal. The prosecutor can amend their Complaint, until the beginning of the trial. If a witness makes contradictory statements of fact, the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What exactly is a probable cause hold on a drugs- 5th degree charge?

What does it mean probable cause what did that consist of?

Is it always wait for a court date or could they be released without a court date?

What is the common outcome of this type of charge?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 21, 2022

You are asking specific questions about a case. It’s impossible to answer those in a vacuum. We haven’t seen the police reports so there is no way to know the basis for the probable cause. We also don’t know this individual’s criminal history so predicting an outcome is impossible.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What does it mean when the charge details say Drugs-5th DEG,

Reason for arrest: probable cause

Severity of charge: PROB CAUSE

0$ Hold W/O BAIL?

What does this all mean?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 21, 2022

It means that some has been arrested on a probable cause hold for a 5th Degree Drug Offense. The defendant is being held without bail pending a court appearance.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What does it mean when the charge details say Drugs-5th DEG,

Reason for arrest: probable cause

Severity of charge: PROB CAUSE

0$ Hold W/O BAIL?

What does this all mean?

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 21, 2022

Sounds like a jail roster, where the jail is tersely explaining why the person was booked into jail: on "probable cause" Controlled Substance Crime 5th Degree. "Hold without bail" means the person can be held longer without being charged or released without bail. Alternatively,... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: Do I have to show ID when pulled over

Here’s the scenario; I’m in a friends car, my friend is driving and my friend runs a red light or breaks some type of law and we get pulled over. the cop ask for the My friends drivers info and then comes back and asks for my identification do I have to give it to them even tho I haven’t done... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 21, 2022

Law enforcement isn't necessarily entitled to identify you in these circumstances. That is very fact specific. They would need reasonable articulable suspicion that you committed a crime to take your DL from you as that is a seizure from a legal perspective.

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1 Answer | Asked in Family Law and Health Care Law for Minnesota on
Q: My mother , ssi income, is being taken to court by a nursing home where my father stayed .

We have records showing they were paid by insurance co. As well as other extenuating issues. I think she should have someone helping her with this but she’s on a very limited income.

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2022

A Minnesota attorney could advise best, but your question remains open for three weeks. One option here could be to look into whether pro bono or legal aid resources could assist here, due to your mother's financial hardship. You could also check with the Minnesota Bar Association. You could... Read more »

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