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Minnesota Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: If I have a felony but I got an offer as a drop off as a misdemeanor and am I convicted to the felony or misdeaminor ?

I just wanted to know that and I also if I do an early charge do I need to have an attorney or not

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 18, 2021

You are charged with a felony. You absolutely need an attorney. With this offer, you will have a felony on your record until you successfully complete probation.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was charged with disorderly conduct. I am not sure what even for.

I didn't do anything before the police arrived. I walked through some yard, but I wasn't charged with trespassing. I didn't scream or cause any ruckus. It's basically retaliation from some neighbors, they called the cops and I wasn't even doing anything. They all got... Read more »

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

Clearly you are accused of more than that. The accusations would be reflected in the police reports. You need to get an attorney involved to help get you out from under these accusations.

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3 Answers | Asked in Criminal Law and Animal / Dog Law for Minnesota on
Q: Firearms related question relating to dogs in the state of MN.

Say I was walking my dog, and I do not have a carry permit, would it be possible to find me guilty of carrying/concealing a pistol if it's concealed on my dog and not my person.

William Bailey
William Bailey answered on May 14, 2021

Yes. Look up constructive possession. They know your dog didn’t obtain the gun on its own.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is paying a traffic ticket the same as admitting guilt with a plea bargain?

I was offered a plea bargain to remove a ticket that wasn’t valid if I plead guilty to the other ticket. Is the omission of guilt the same paying it vs admitting it on paper in the plea ?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2021

Yes. Paying a ticket is the equivalent of a guilty plea. Now here you are getting the benefit of having a second ticket dismissed so that might a good reason to accept the agreement.

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: My assistant public defender quit. She poorly did my contested omnibus only challenge half of issus can i reopen it?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2021

I'm not entirely sure what you mean by your public defender quitting. A public defender cannot simply stop representing you. The Court could determine that you no longer qualify for a public defender or you could chose to proceed pro se, but a public defender cannot simply quit. A new... Read more »

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2 Answers | Asked in Copyright, Entertainment / Sports and Gaming for Minnesota on
Q: if copyrighted music is in a game, and you upload a video of the game with the music, is there copyright infringement

i had uploaded a video on youtube of beatsaber, in it there was copyrighted music, i got a claim from the music owners, i took the video down and deleted it, what can i do in the future to avoid copyright claims if there is copyrighted music in the game

Marcos Garciaacosta
Marcos Garciaacosta answered on May 12, 2021

Check with the music owner and see if they have distribution agreements.

You may be able to get some simple licensing to allow to do what you want.

Consult with an attorney for a better analysis.

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1 Answer | Asked in Employment Law for Minnesota on
Q: Can an employer force you to attend meetings/team huddles where they only ask personal questions, not work related issue

I am extremely private and do not mix my personal life and professional life, yet I am required to attend meetings where they ask a personal question weekly. No work related issue is discussed. Only a topic of conversation geared toward personal lives. I live in Minnesota

Carrie Dyer
Carrie Dyer answered on May 12, 2021

Generally, yes, your employer can require that you attend meetings at work, regardless of what is discussed. At the meetings, are you able to avoid participating in conversations of an entirely personal nature? If you are not compensated for the time spent in these mandatory meetings, you should... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Received a minor out-of-state traffic violation while under supervision for another ticket from my home state.

In December, I got pulled over for speeding in my home state (Illinois) and received court supervision for 180 days along with paying the ticket. I had to attend traffic school, to which I completed, and after 180 days the citation would be lifted from my record. In March, I moved to Minnesota and... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 7, 2021

I would suggest asking about this in an Illinois forum. The judge in Minnesota doesn't have any authority to decide how this will effect things in Illinois. An attorney in Illinois can best answer what your best approach to handling the MN ticket will be.

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Do you have to buy out an ex from a martial home or can he give you his half?

My husband and I separated in October. He moved out and got an apartment. I am working on finding an attorney to get the divorce moving, but due to finding out I'm also pregnant has made that difficult. I would like to get the ball rolling and get the divorced finalized.

Corwin Kruse
Corwin Kruse answered on May 6, 2021

The two of you can divide property pretty much any way you wish (within reason). There is no requirement that one party “buy out” the other’s share of a home, or that property division be equal.

Generally, one party might take other property (stocks, retirement, etc) in lieu of...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a 14 year old go to juvie for criminal mischief
Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 6, 2021

There is no such crime innMinnesota as criminal mischief.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Car title chaos

I bought a car from a guy for $3200 and the title was not his name but it was signed and he has a vehicle he told me that he just wanted to get the brakes fixed and he would bring it back later I still Held the title signed over by the owner but I did not have a vehicle and I found out the guy who... Read more »

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

Get the advice of an attorney. Law enforcement isn’t there to help you. Don’t talk to them until you’ve spoken with a defense attorney.

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1 Answer | Asked in Family Law for Minnesota on
Q: Non biological father but he wanted to be on the Ruth certificate but now has been a year and he isn’t around the kids

Anymore does he still have to pay child support even if he isn’t the biological father but he wanted to be in the birth certificates of both my children

Corwin Kruse
Corwin Kruse answered on Apr 30, 2021

Simply being on the birth certificate is insufficient to establish legal paternity. No child support would be ordered without an adjudication of paternity.

1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Sexual Harassment for Minnesota on
Q: Hello! Should I press verbal assault charges against a security guard who verbally threatened me, “banning me” tryin

Thank you!! I have had no interaction that provoked it besides me shaking my head. He is attempting to ban me from a hospital when I did not initiate any encounter with him, and he stormed up to me demanding the I know who he is and I better not mess around with a man like him, I have no idea what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 27, 2021

You can't "press charges." You can report the matter to law enforcement. They will make the decision if charges are appropriate.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Can they force me to testify in a domestic case? If I don't show or testify would the case be dropped?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

Yes, they can force you to testify via a subpoena. A warrant can be issued if you do not show up to testify. It is impossible for anyone on here to answer intelligently whether the case would be dropped if you fail to show or don't testify. The prosecutor makes that decision and the... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If a subpoena was mailed to me. Will I be held in contempt for not showing up? How do they know I even received it?

Do not want to testify if I am subpoenaed and would like to know what options I have.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

Typically a subpoena needs to be served on your personally or to another adult residing at your home.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If I am subpoenaed to testify and am the victim in a domestic case can I refuse to testify or can I plea the fifth?

I do not want to testify I do not want this case to happen but I don't know what I can do to get it dropped.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

You can attempt to plead the fifth. But ultimately, you will likely be given immunity which means that you no longer have a fifth amendment right to remain silent. As a result, you could be held in contempt if you refuse to testify. Being held in contempt would likely mean that you would be held... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: If I'm the victim of a domestic but want to recant my statement how can I do that?

I feel I was miss understood by the police and because I was miss understood my ex is being charged with something he didn't do.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

You can't certainly contact either law enforcement or the prosecutor to address this issue. In all likelihood, your initial statement to law enforcement was audio recorded, and perhaps video taped as well via a body cam. So there should be an accurate recording of your statement. You... Read more »

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1 Answer | Asked in Personal Injury for Minnesota on
Q: Is a college liable for putting my daughter, alone, in an off campus house with a gas leak and no sense of smell?

She was put in a house alone, with no supervision when tested positive for covid. She could not smell anything, but heard a sound emitting for the stove. She called security and they came and supposedly turned off the gas and told her she was safe now. I got there an hour later and was amazed at... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2021

A Minnesota attorney could advise best, but your post remains open for two weeks. I'm sorry for your daughter's and your family's ordeal. They could be liable - it depends on the level of responsibility they assume for off-campus housing (or the level of responsibility they disclaim... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it proper for prosecutor to enter NG plea when not in open court and where all talks were off the record?

Petty traffic case. Remote hearing (arraignment) takes place. Pros offers a plea and I decline. Pros then instructs clerk to schedule for trial. I never said that I would plead NG, nor did I refuse to enter a plea. I presumed I would have a hearing before a judge to do this, but it has been entered... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 24, 2021

Nothing here was improper. It would be typical, particularly in a petty misdemeanor, that you wouldn’t necessarily enter a not guilty plea in front of a judge. It is a procedural step and the failure to do so isn’t a significant error.

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Minnesota on
Q: I learned that i techinacally do not need a license since i have no waived my rights. what do i do if i get pulled over.

I learned that if i get a licience that means i am waving my rights and that i must follow all laws in my state related to using and obtaining my vehicle. I dont want to get license because i want to keep my rights. I know i have the right to travel and by obtaining my license i will loose that... Read more »

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

You cannot legally drive without a license. So you will get ticketed, fined and perhaps even jailed if you drive without a license, especially if you do so repeatedly. Otherwise you can get a license and drive legally.

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