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Minnesota Questions & Answers
2 Answers | Asked in Criminal Law and Probate for Minnesota on
Q: Why do I have two probation officers to report with in the same county. 1 is county 1 is doc but I never went to prison

P.o. doesnt help me from not recommiting crimes but push/force me to break laws in order to have any chamce of jumping through the hoops set upon me. Why?

They dont call me back. They dont mail me anything. They refuse to help me, why? Is this legal what they are doing to me?

I'm... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 11, 2019

In some counties the DOC supervised felonies and community corrections supervises grosses and misdemeanors.

I fail to see how having two agents pushes you to commit crimes to comply with probation. That doesn’t make any sense. It’s unclear what help you are looking for but consulting...
Read more »

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I blew .08 and was discovered in my parked car. Can they really give me a dwi/dui?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 11, 2019

Yes. If you had the keys you were likely in physical control of the vehicle. But that doesn’t mean that you will be found guilty or get a conviction on your record. Get an attorney to help you.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Last june my truck was seized by the police. I was not present. They have refused me my personal property. Legal?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 11, 2019

This is impossible to answer without knowing why law enforcement seized the truck.

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1 Answer | Asked in Car Accidents for Minnesota on
Q: Was below speed limit, hit ice and skid into a car at a light. No injury/witness, cop issued 169.14.1 ticket. Fight it?

The cops arrived after the other cars mother (who wasn't there nor involved in the accident) called them. We were driving slow since it had snowed earlier, then we hit ice and slowly slid into a car stopped at a stoplight. Tried honking to warn them but they panicked and didn't move. The cops... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

You can try it. The point is you weren't able to stop, so some judges will take the position you should not have been driving at all if you couldn't stop. Now, if you had been able to stop all the way there and then suddenly there was a part you couldn't seem to stop on, a judge may say that you... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I feel I was coeherced in taking a plea agreement can I take back that plea

I had a public defender, he got upset about going to trial, he started to tell me things about my case he said he knew as evidence, I believe he made up to scare me into taking the plea. So I did take the plea, but now regret it

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 10, 2019

Public defenders don't "make things up" to get people to take plea deals. They give honest advice on what they believe you should do in terms of taking an agreement or going to trial. It is then up to you decide how you want to move forward. You could certainly seek to withdraw your plea, but... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I tell my lawyer something pertaining to my case does my lawyer have to tell the court

My lawyer told me he has to bring what I said u in court,isn't that against lawyer-client confidentiality

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 10, 2019

That's impossible to answer for certain without details. A question like this is very fact-specific and can't be answered with so little information.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for Minnesota on
Q: How do I prove that police tampered with evidence

It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's not fair and it's... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 9, 2019

It’s unclear what you are charged with or what the video is supposed to depict. You need to be represented if you are charged with a crime. Get an attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I use p.t.s.d as a defense in a refusal charge?

His comments when asked my sexual preferene my mind was in defense not to mention the needle test for blood,I have had extremely bad experiences,with m.r.s.a when I spent 6wks in hospital for. I also had been kidnapped earlier in my life where a man forces meth and heroin in my arm against my will... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 8, 2019

Sexual preference? That’s not a question that they ask. PTSD isn’t a defense but is perhaps something you could raise as mitigation. Get an attorney on board for assistance.

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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I hire a lawyer to just file paperwork to have a court date changed to a later date.

My girlfriend is in custody in one county, she decided to execute a sentence for a DUI, and now has a probation violation hearing in another county on the day she is released, she wants to change her court date to a later date.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 6, 2019

Sure. Getting the court date continued should not be a huge issue. An attorney can help.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Do you have to find it sign a ticket the police give you
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 5, 2019

No. There is no requirement that you sign a ticket when it is issued.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I do not sign a speeding ticket in Minnesota what can they do to me
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 5, 2019

Not signing for the ticket does you no good at all. It's still a ticket that you have to address whether you have signed it or not.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was cited for talking on phone while driving, does that go on my record? Worth fighting? Haven't had one in 20 yrs thx
Thomas C Gallagher
Thomas C Gallagher answered on Dec 2, 2019

You could check the Minnesota Rules for the Minnesota Department of Public Safety. Or call a Driver Evaluator at the Minnesota Department of Public Safety to check. If it were me, I'd go to court and work to prevent a conviction. If no conviction, then it can't go on the Driver's License Record.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: what happens if you don’t have a license and get a speeding ticket and misdemeanor ticket in the state of minnesota?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 1, 2019

You have to deal with the consequences. You don’t get out of a speeding ticket just because you don’t have a DL.

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1 Answer | Asked in Medical Malpractice for Minnesota on
Q: had to have second knee operation is this a malpractice case

second dr. said first operation was not right

Tim Akpinar
Tim Akpinar answered on Nov 28, 2019

A Minnesota attorney could answer you best, but your question remains open for a week. The need for a second operation in and of itself is not necessarily irrefutable proof of medical malpractice. The reason why a second surgery was needed would need to be determined. You mention the second... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Does thw prosecution have to tell the defense if the witness is cooperating?
Thomas C Gallagher
Thomas C Gallagher answered on Nov 20, 2019

Giglio information is material tending to impeach the testimony of a prosecution witness. All impeachment evidence, even if not a prior statement by a witness falls within the Brady rule, and should be disclosed to the defense by the prosecution. But despite these laws, problems persist. One... Read more »

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: If an estate is in a trust but worth over 2.1 million in WA is it required to go to probate? We are being told it is and

Are confused

Joshua Damberg
Joshua Damberg answered on Nov 19, 2019

I'm unsure why this is posted in the Minnesota jurisdiction, but the answer should generally be "no". A Trust is a vehicle designed specifically to avoid probate, no matter where it is created or where the person who created it (called the Settlor or Trustor) passes away.

The issue MAY be...
Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Removal of warrant possible? Probation Violation/fail to complete dwi class, now sentenced to 30 days. Way to drop it?

I have been told I need to serve 30 days for failure to complete dwi class/madd. A warrant has been issued through Anoka County, Mn. Is there any way possible to see if they will let me not serve the 30 days, I'm in an abusive marriage and my husband has moved my son out of our home and refuses to... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 18, 2019

You need to get an attorney on board ASAP. It is unclear where your case is procedurally. Did you admit to the probation violation and fail to turn yourself in? Is there this a warrant for a probation violation and the recommendation from probation is that you serve 30 days in jail? This is all... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: can a person use electronic listening device's and hand it over to the courts? and if so can the courts use it ?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 18, 2019

You don’t provide enough information to answer this question. It depends on all of the circumstances.

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