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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: In mn if a man is arrested for dv but the victim doesnt show will charges be dropped
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

No. The alleged victim will be subpoenaed. She could be arrested if she doesn’t show and there are ways to proceed without her by introducing her statements without her.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Inmate in custody during the covid-19, yet, already demanded a speedy trail 3mths ago. what should they do ?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 2, 2020

Continue re-asserting the speedy trial demand. This is something that an attorney can assist with. It’s unclear to me why the trial wouldn’t have already taken place since a speedy trial is typically within 60 days.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I report a robbery if I was there to buy a firearm without a permit

I do not have a permit to purchase a firearm. That said I went to meet with an old acquaintance off of Facebook the other day to look at a handgun for $500 I’m not a felon, but do have a juvenile record, when I was 16 I did 2 yrs in juvie for a robbery.. though part of my plea was that... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 31, 2020

From this description, it appears the main problem is the potential for being charged with conspiracy to commit or attempted possession of a firearm by an ineligible person. That is a felony. And if convicted, it would likely result in several years in prison. As a result, going to the police... Read more »

1 Answer | Asked in Criminal Law and Car Accidents for Minnesota on
Q: I borrowed my truck to I thought a friend he now claims someone stole it from him police won't help what do I do

I borrowed my truck to a friend been trying to get It back for 4 days and his brother told me my truck was stolen from the person I borrowed it to. He won't talk to me know and police said they can't put it in as stolen since I borrowed it out to start with. What do I do to get it back or get it... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 23, 2020

Consider: 1. Contact civil (not criminal) attorney about filing a lawsuit for the value of the vehicle, and-or its safe return. 2. Notify your car insurance company, about a claim for a loss (before initiating your own lawsuit). 3. Private investigator, asset-skip tracer. Discuss all options with... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I pled down to a disordly conduct under the statue 609.72.1. Can I still buy a gun? If not can I get my rights restore

It was originally a Domestic Assault-Misdemeanor-Intentionally Inflicts/Attempts to Inflict Bodily Harm though was dismissed and then pled down to what I previously said in the beginning. I only admitted to Yelling at the victim in court which was part of the plea deal. Does it bar me from owning a... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 20, 2020

A person with a 609.72, subd. 1 (3) conviction does not lose their civil rights to firearms in Minnesota. If there is a problem, check the court's records directly to verify that the conviction is for Minnesota Statutes Sec. 609.72, subd. 1 (3) - exactly. If the court conviction record shows only... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: What happens when you get an HRO on your neighbor? Do they have to move?

If you get a HRO on someone that lives down the street from you and their house is within the distance they were ordered to stay out of (distance from my home) do they need to move or what happens? The person the HRO is for lives down the street from me, does not own the home or have a rental... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 17, 2020

If the respondent to the HRO is within the distance restriction, then they are in violation of the HRO and can be arrested each time they are within the restricted area. It would be in their best interest to move at least until hearing occurs about whether the HRO is going to remain in place and... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was sentenced in Mn to 30 years probation to a charge that the max sentence is 15 years what can I do
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 15, 2020

You should get a hearing scheduled to go back to court and seek resentencing. You should get an attorney to assist with this process.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a cosigner to a bail cancel and withdraw the bond and remove themselves fron the case.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 12, 2020

That is dependent on the contract that you’ve negotiated with the bonding company. I doubt that there is much you can do, but it can’t hurt to contact the bonding company.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I turn myself in for a warrant and bail myself out for 300. Will it be returned at my arraignment court hearing?

If I plead guilty will it be returned at my arraignment hearing when the judge most likely will give me a sentence? The charge is for theft and it's misdemeanor will the bail money be used to pay that off? If so how much is the fine for theft? I paid the whole 300 no bailbond was used. County is... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 10, 2020

It will be kept by the Court until your case is resolved. That may or may not be at the arraignment. It depends on the county, but it will either be returned to you or applied to any fine once your case is over.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: At 13 my son was adjudicated for 5th degree criminal sexual conduct. Will that prevent him from working with children?

At 13 my son inappropriately touched his sister, my daughter, when she 11 years old. Due to bad advice, I reported this to the police and he had admitted to and was charged with 5th degree criminal sexual conduct. He was sentenced to probation and therapy, which he successfully completed. There... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 4, 2020

It might. See my website pages detailing juvenile records, and expungement. Things may improve after age 27. And he might look into what I call a "super-expungement" (that would include MN Dept. of Human Services records) in juvenile court. The might grant or deny, however.

1 Answer | Asked in Criminal Law for Minnesota on
Q: If a level 1 predator is convicted of knowingly not registering, will he be eligible for early release?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 3, 2020

The conditions for supervised release remain the same as any other inmate.

2 Answers | Asked in Criminal Law for Minnesota on
Q: what happens at a rule 8 and if i can’t afford an attorney but don’t qualify for one what should i do and say in court?

it’s a violation of registration and it’s a min of 1 year and one day and no more than 5 years

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 24, 2020

A Rule 8 hearing is a procedural hearing to provide you, or your attorney, with the discovery in your case. You should not say anything in Court and you need to figure out a way to secure representation. This is a felony offense and you should not be representing yourself. This is far too... Read more »

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3 Answers | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: can a 16-year old press charges against an 18-year-old for harassment and hate crimes?

I am a 16-year old highschooler, and a certain student has been constantly harassing students, physically, verbally, and mostly sexaully.

there have been attempts to tell the school administration, but the school has a reputation for letting special-needs students get away with anything,... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 19, 2020

You wouldn't be pressing charges. That is a decision made by a prosecutor. You could certainly contact law enforcement about your concerns and things would go from there.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: If my license was reinstated in 2016. Can they legally revoke it from fines unpaid before 2000 now?

Error made on license; number is same on both but one has jean which is my middle name and the new license that was reinstated says dean and i had never noticed until being pulled over around xmas and the officer telling me that one is active and the other suspended. Had been pulled over a handful... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 17, 2020

You might have a legal argument to prevent the suspensions. I would look into retaining an attorney to look into the situation so the exact facts are known and then to follow up with DVS and if necessary the Court.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: if you didnt get the right to face your accuser in trial is that a violation of any kind in federal court

i already had the appeal process,done,and no longer have an appeal procees to go through,thats why i asked yous

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 16, 2020

Impossible to answer in a vacuum, especially without knowing what the charges were.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: My bf has a public defender and is locked up facing some very serious charges. The pd is not doing what we need.

We really need to retain an attorney for my boyfriend in Minnesota. His family is in Florida and I am in Alabama. I'm willing to retain the attorney but however I have no idea what the average cost is for a criminal defense attorney because none of us have ever dealt with this. Could you please... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 12, 2020

The charge for private representation is dependent on the charges and the defendant’s criminal history. None of that is referenced here. Contact attorneys in the area where your boyfriend is charged.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: My 16 year old was charged with 3rd degree assault. No priors she is a good kid. What do I need to do??

She recently had a fight after school with a another girl. After the altercation the police interviewed several witnesses and said they will be charging. How can I protect her? What are her legal rights as a 16 year old.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 11, 2020

Assault in the Third Degree is a felony offense. It is very serious and she needs an attorney. At this point, I assume that her case will be heard in juvenile court, but it is hard to know without more information. An attorney can help to protect her rights and to help minimize any consequences... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I got a sentencing had a lawyer hired which he sucked but 1 of the requirements of the sentencing was to have a Phyc ev

Phyc evaluation done by a certain date got a appointment set up went and was required to pay $3000 for evaluation. Don't have the funds what should I tell judge

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 7, 2020

Not sure what your attorney has to do with this. Reading between the lines, it sounds as if you likely have to get a psych-sexual evaluation based on the costs. You could certainly have the evaluation done through probation which would be less expensive. The recommendations through that exam are... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: I have been sentence for a certain day but wondering who do I talk to about other inmates that dislike me

I want to be able to recieve good time and not have to do the full sentence because there's people that dislike me

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 4, 2020

You won’t lose good time because other inmates dislike you. Keep your head down and stay out of trouble.

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3 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Daughters coworker assaulted her at work. What can we do?

Several weeks ago my daughter (17) was shoulder-checked hard and intentionally by a coworker (30s) who was upset with her. She told her managers but nothing was done. She didnt report it to anyone else as she feared getting fired (the coworker is friends with the boss). She has recently quit that... Read more »

William Bailey
William Bailey answered on Feb 1, 2020

If she wants to pursue charges reporting it to police is the way to go. If you are thinking about a civil suit... what are the damages?

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