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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: How do i contest a search warrant based in the lack if probable cause

A search warrant was issued an executed on my residence That lacked Sufficent probable cause

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 5, 2021

You retain an attorney or get a public defender to raise the challenge to the search warrant. The prosecutor will be an attorney. This isn’t something you want to represent yourself on.

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1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Federal Crimes for Minnesota on
Q: i am a victim of an on going organized theft ring, With in the employment of Catholic Charities employees and staff .

On going as we speak and every moment I am trying to seek legal representation and consultation im a continued victim of a criminal enterprise. I need a downtown lawyer to discuss legal strategy. The alleged perpetrators actions was not only criminal in its intent but deadly in its execution. I... Read more »

William Bailey
William Bailey answered on Mar 2, 2021

You should report any criminal activity to police. For a civil lawsuit, you should consult directly with a personal injury attorney.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I need advice on a theft by swindle.

I was selling my birds. A lady contacted me to purchase them, and proved she would not care for them right. I told her no, and kept looking. A guy contacted me and told me he would take the birds to his home in Wisconsin, where just he lives, and they would be his birds. 2 months later the woman... Read more »

William Bailey
William Bailey answered on Mar 1, 2021

I don’t believe there has been a theft. It sounds like you sold birds to someone who then did something you didn’t like with them.

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3 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Minnesota on
Q: Our daughter is transgender male halfway through her transition. She was placed in all male prison where she has been

sexually assaulted twice.She was brought to hospital both times.As her patents we need to get advice to help her any information you have or advice would be appreciated. Thankyou.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 23, 2021

I’d suggest contacting an attorney directly. Most will give a free consultation. But this is more complicated than can be addressed in this format.

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3 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

William Bailey
William Bailey answered on Feb 22, 2021

Generally a plea is entered at the Omnibus hearing. It is not clear what stage the case is at. This person needs a criminal defense attorney ASAP as this charge can carry heavy penalties.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was 15 when issued a felony warrant when I turn 18 will it go away if never charged

Honest answers plz

William Bailey
William Bailey answered on Feb 18, 2021

No. If there was a warrant it is likely still active. They do not just go away. You need to have an attorney help you get this cleared up.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I was 15 when i was issued a felony arrest warrant I am currently 17 turning 18 very soon

I need honest answer

William Bailey
William Bailey answered on Feb 17, 2021

You haven’t posted a question so I assume your question is, how soon should I get and attorney? The answer is as soon as possible if you want to fight it. If not, wait to be arrested and go to jail.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Can law enforcement keep your vehicle even if you weren't in it?

I live in MN and my 39 year old son who doesn't live with me took my truck and ended up hitting a parked car (very little damage) leaving the scene, then out running the cops. Now they are telling me they can keep my truck, is this true? I knew nothing about it Thanks So Much... Read more »

William Bailey
William Bailey answered on Feb 16, 2021

It sounds like they are holding it as evidence possibly. You should have an attorney help you get to the bottom of this and help get the vehicle returned.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I think I have hpd disorder. I'm continuously violating ofp by text and phone I'm having such a hard time stopping

Would having having that disorder help me in court at all since it's so impulsive I feel like I don't have control over it even though I'm going to therapy to try I'm still breaking it Non-Stop and it's going to take time to get over that urge me and always keep on adding up these things

Thomas C Gallagher
Thomas C Gallagher answered on Feb 15, 2021

Unfortunately a mental health diagnosis is not a defense to prima facie criminal liability under the law. And for those who get a "not guilty by means of mental illness" disposition on their criminal record, will get reviewed in civil commitment court for possible civil commitment. But... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: My friend was booked into a county jail.on pending murder charges. I looked in the roster. Wasn't on there.

Vinelink says that he was out of custody - missing resync record. Whats does this mean, and where is he being held?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 8, 2021

It takes sometime for an individual to be booked and for that information to appear online. I would assume that your friend is in the county jail where the alleged murder occurred. He or she will be held for a court date and then conditions of release such as bail will be set.

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3 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: If I was falsely accused of a crime & the charges were dismissed& years later be changed with & convicted of related.

Is that double jeopardy seeing the the conviction was because it was said that the charge that I was convicted on came from the charges that was dismissed?

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

No. That is not double jeopardy. Jeopardy does not attach until trial. A dismissal doesn’t meet that requirement.

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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Minnesota on
Q: Can you lose all your rights such as court proceedings, i.e. criminal charges papers served directly to your unless f

Family members got guardianship? Woyld you not be aware of criminal proceedings and would you get a care taker without your permission or your say so to whom it may be. Could law keep threatening daily with warrants and family

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2021

This question is incredibly confusing. It's unclear what is being asked. Criminal charges and a guardianship are two entirely different things and are unrelated to each other. A warrant could certainly be issued if you missed a court hearing on a criminal matter, but that has nothing to do... Read more »

3 Answers | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Minnesota on
Q: Someone accused me of a crime I'm innocent of. I have a strong feeling they are the ones that did it.

If I take the blame for their crime to save them, can the prison sentence be removed?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 16, 2021

If you take the blame, you also take the consequences - including a potential prison sentence. Pleading guilty to something you didn’t do is a terrible idea. Get an attorney on board to help you.

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3 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve..

If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve this sentence the judge lets me out on bond pending appeal. While out on bond pending appeal I'm arrested for a federal offense, convicted and sentenced for said... Read more »

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

This is a question best asked and answered in a California criminal law forum. But concurrent vs. consecutive is usually determined by the second court that sentences you. The bigger issue that you will run into is how California determines credit. For example, if this happened in Minnesota with... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Is McNaughton still the standard by which we treat mentally ill people who commit crimes, ie capitol murder?

Minnesota law.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 8, 2021

You ask this question in a Minnesota forum. Minnesota does not utilize the death penalty so I'm not sure if you are asking this question or nationally or otherwise. The NGRI (not guilty by reason of insanity) defense standards vary state to state. Minnesota uses the M'Naghten standard.

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3 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Can a cop use items found after i was arrested to show probable to get a search warrant for my blood?

I was arrested for suspicion of DWI after being pulled over for a third brakelite being out. Can the police use incriminating evidence found only after the search incident to arrest? I would think they would had to have the search warrant prior to arresting me or at the very least the probable... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 15, 2020

Of course they can. There is no obligation that law enforcement ignore evidence developed before the search incident to arrest. The probable cause basis for the arrest can differ from the probable cause to support a warrant application to get a search warrant for a blood draw. I am assuming that... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: presidential pardons are an admission of guilt can this be used in a state court against a defendant?
Thomas C Gallagher
Thomas C Gallagher answered on Dec 13, 2020

A Pardon is no admission of guilt. The person pardoned is not making a statement. The President (or Governor, state pardons board) is making the statement with a Pardon. However, most pardons happen after a conviction, which would either result from a guilty plea (admission of guilt) or a... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I don't know what to do here... Some advice PLEASE.

I want to pursue a career in healthcare, but that misdemeanor theft from 2015 is holding me back. I gotta get it expunged. But I also have a misdemeanor driving without my seatbelt less than two years ago. It'll be two years ago in June. But I don't think the seatbelt ticket will hinder... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 6, 2020

You need to pursue an expungement. There are no guarantees that it will be granted, but you don’t have much to lose. The alternative is waiting til June which doesn’t make sense, particularly if it might be granted now.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My ex is in jail for violating danco.Do I report it to police or the jail? Can the jail file new charges or do cops

My ex violated the ofp and danco Hes in jail and keeps calling me and sending me mail but he sends it to tbe lady above me. So do just call the jail to report it or do u need to call the police as well

William Bailey
William Bailey answered on Dec 4, 2020

Police investigate crime. Jail staff serve a different function

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