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Minnesota Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Minnesota on
Q: In regards to searching my purse..my purse was in car with the passenger and I was in cop car. For at 10 minutes then

The cop searched my purse and found what appeared to be drugs charged 5th degree possession and 4th degree DUI...2.5 years later the timing is that legal statute of limitations?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 14, 2022

There are two separate issues here. The constitutionality of your encounter with law enforcement. Was the traffic stop legitimate? Was the search of your purse constitutional permissible? Issues along those lines could result in suppression of the evidence against you and dismissal of the... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Thomas C Gallagher
Thomas C Gallagher answered on Jan 26, 2022

If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Do you have to provide ID when being trespassed from a bar in minnesota?

I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2022

You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation... Read more »

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2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: I'm in 18 year who started a job kwikTrip for 2 weeks and today I had a man walk in with facial hair

And wanted to purchase alcohol I assumed he was old enough and sold it to him not sure after a cop came in took me in the bag and said I just sold a minor alcohol I am distraught I'm devastated I've never committed a crime I'm an emotional wreck I in fearful of even going back to... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 12, 2021

The charge of selling alcohol to an underage customer is a gross misdemeanor. Law enforcement performs these types of sting operations all the time. You are presumed innocent and cannot be found guilty unless you are proven guilty beyond a reasonable doubt. You are entitled to an attorney and... Read more »

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2 Answers | Asked in Civil Rights and Criminal Law for Minnesota on
Q: I was came onto by and underage girl from NC she’s 17 I’m 27. Her dad is seeking legal action against me. What do I do?

She matched with me on a dating app. Where I think it stated she was above the legal age. She Flirted with me for a couple days, then let me know she was 17. I told her nothing could happen between us physically until she turned 18 in December. She continued to be suggestive and flirt with me ie... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 20, 2021

This is a scam. I’m assuming dad is looking for you to pay some money for medical bills or therapy? This scam happens all the time.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Social Security for Minnesota on
Q: I am trying to find someone who will represent me in a Social Security disability claim which is Federal case.

I need someone to represent me in a federal case for social security. If you can help me

Thank You for your help.

Hello, I am looking for someone to represent me in a civil case for social Security Disability. I live in Lakeville MN 55044.

My case cannot be started over... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2021

A Minnesota attorney could advise best, but your post remains open for three weeks. It could be difficult for an attorney here to reach out to you - the format on this forum is basically quick general questions, not attorney referrals. One option is search online for social security disability... Read more »

1 Answer | Asked in Constitutional Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: Police fabricated probable cause statement to charge and convicted me assault when there was NO injuries. Police and Dr

Have both testified stating there were NO INJURIES and yet I was still found guilty of assault and the judge lied in his findings of facts saying the doctor witnessed injuries when she testified stating that there were NO injuries and I believe that is "fraud on the court" and voids... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 24, 2021

There is "assault" and "battery." You could have an assault WITHOUT a battery, but the reverse doesn't apply. So even if there were no injuries, a person can commit an assault. Putting someone else in fear of their safety or possible injuries, or worse, when there is intent... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Minnesota on
Q: If a judge lies in his findings that a doctor testified the "victim" had injuries when the doctor said opposite = fraud?

Is that not the definition of (fraud on the court) or judicial error?

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

The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t... Read more »

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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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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.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: I am being requested to complete fingerprinting prior to being convicted of a crime.

I have not even received details of the charge, and threatened with a warrant if I don’t complete this fingerprinting.

William Bailey
William Bailey answered on Mar 7, 2021

Do you have a question you want an attorney to answer? It sounds like you need an attorney to fight your charges.

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, 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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1 Answer | Asked in Civil Rights for Minnesota on
Q: Can the police search your home without you there
William Bailey
William Bailey answered on Feb 15, 2021

Yes. If police have a warrant, probable cause, or an exception to the warrant requirement they may search your home even if you are not there.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Can the police search your house without you there
William Bailey
William Bailey answered on Feb 15, 2021

Yes. If the police have a warrant, they do not need to wait until you are home to conduct their search.

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 »

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Military Law for Minnesota on
Q: Unforeseen Military Order of January 26th 2018.

I was in good standing with GPA of 4.0 until the unforeseen Military Orders of January 26, 2018. I was on order to go to Afghanistan on January 26. The Army gave me two weeks to deploy to Afghanistan. This short notice destabilized me, and I did not have enough time to deal with family issues and... Read more »

William Bailey
William Bailey answered on Jan 14, 2021

What is your legal question?

1 Answer | Asked in Civil Rights for Minnesota on
Q: I just completed a 6 month stay of commitment as of July 1,2020. Completed it in full, satisfactory and in good terms.

I was under the impression that it wouldn't follow me. I am in a situation now where they want to use it against me...is that legal??!?!

William Bailey
William Bailey answered on Dec 9, 2020

Impossible to say without more information. You should consult directly with an attorney.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: What should I do?? the police have charged me and I been victim both times and I called the police. Can I sue

I've went to police for help they sent me a ticket in mail I'll explain. First time I pulled in gas station got gas went in. On way out gas station buddy was acting a fool so I said screw him and sat in my car and all a sudden my door got ripped open and dude started punching me and in... Read more »

William Bailey
William Bailey answered on Nov 27, 2020

Your priority should be contesting the criminal charges. Then you can think about a lawsuit, but you should be aware it is often very difficult to successfully sue a government entity.

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