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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get help with getting my car released from police homicide hold?

I m looking for help. My car was taken by the police early September it is still on a hold according to defective it is on a homicide hold. That is all the information I was given. Im wondering if there is anything you all can suggest in hope that my car can be released

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 17, 2021

All you can really do is keep reaching out to see when the vehicle might be released. It all depends on if they’ve completed investigating the contents of the vehicle.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have 3 warrants which are misdemeanor, late child support, failure to appear and unsupervised probation violation

What am I looking at for time is there going to be bail? And allegedly cops have stopped old residence for my warrants and also said I'm looking at being charged with other charges due to my purse and cell phone being found miles from area where a person fled from state patrol in stolen... Read more »

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

Once your attorney has the criminal Complaint(s) and Sentencing Order(s), they will be able to tell what the maximum and more likely amount of jail time is possible. The court would likely set bail on the new charges within a day or two (excluding weekends). But on the probation violation, it... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: if i have a trial and it includes no lawyers, could i motion for a lawyer?

i have a trial coming up and was stated no lawyers, could i motion for one?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 6, 2021

What kind of case is it? You're always entitled to have an attorney, but not necessarily one for free.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If the minimum sentencefora case is 5 years does that mean that you must do 5 years in jail or could the judgeorderles

For instance could it be 1 year in jail and 4 years house arrest

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

It depends on the charge and if it is an actual “mandatory” minimum. You should consult directly with a criminal defense attorney about the specifics of your situation.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: So my probation expired on the 18th of this month still have two things to do

Have been good and outstanding the whole time on probation with no violations

Thomas C Gallagher
Thomas C Gallagher answered on Sep 21, 2021

It's difficult to understand what might be a question here. Is the situation one where a person is on probation in a criminal case, and the period of the stayed sentence is about to expire, but two conditions of the stay have not yet been completed? If so, the Probation Officer may ask the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My bf has three warrants in Ramsey county and all three says standard bail is $500 do I pay $500 each warrant?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 23, 2021

It's impossible to answer without more information. Sometimes a court will set a bail amount that covers more than one case. Other times, separate bail is set for each case. There is no way to answer this question without access to more information like your boyfriend's name and the... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: How can I get my gun rights back?

My felony drops to a misdemenor when probation is completed. My probation will be complete in the next 3 months and want to know if i can purchase and own firearms or not, or if I can have my rights restored

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

That depends what you were convicted of and whether it is a crime of violence. The question is impossible to answer without that information.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get a violation of probation charge if I was caught with weed but wasnt written a citation? On probation for a dwi

I live in Minnesota

Thomas C Gallagher
Thomas C Gallagher answered on Aug 4, 2021

Yes. No one can change the past. But in the present and future, be sure to comply with conditions of probation.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My friend is being charged with controlled substance charge. On her paperwork from her arrest there is an F.B.I. number

At the top where there is also the case # etc. Why and what does that mean? Is it normal?

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

What kind of document are you looking at? A police report? A complaint? Something else? More would need to be known in order to intelligently answer your question. Reach out to attorneys directly. Most of us provide free consultations.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How can I have a court date for probation violation scheduled after my one year probation has expired?

I have the probation agreement paperwork stating the expiration date.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 28, 2021

Under Minn. Stat. 609.14, a probation revocation may be filed up to six months after expiration of probation so long as the probation violation occurred while the individual was still on probation.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: What are burglary tools by law?
Thomas C Gallagher
Thomas C Gallagher answered on Jul 12, 2021

See, e.g. State v. Peterson, unpublished, Minn Court of Appeals 2020:

"A person is guilty of possession of burglary tools when he "has in [his] possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary."...
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1 Answer | Asked in Criminal Law for Minnesota on
Q: My bf was charged with domestic assault. How do I play the difficult witness card.

I asked the prosecutor to drop the charges as I just wanted him to leave that night. She would not drop them but offered a deal of disorderly conduct. He refused the deal. I will be subpoenaed to testify. I’ve been told without me the witness there is no case and I can be difficult or... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jul 12, 2021

The prosecution has the burden of proving guilt at a criminal trial, with evidence. Normally hearsay (an out-of-court-statement offered-to-prove-the-truth-of-the-matter-asserted) is inadmissible at trial (is not evidence). As a result, if the prosecution's key or sole witness does not appear... Read more »

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can my husband face criminal charges for committing adultery with his first full blood cousin?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 29, 2021

Strangely enough, adultery isn't an offense for married men. The statute is incredibly outdated and sexist and frankly, I have never seen a woman charged with adultery in the 20 or so years that I have practiced as an attorney. Incest in Minnesota is a crime as well, but the blood... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I made an anonymous report about someone committing economic assistance fraud. They received a court summons.

Can their attorney gain access to my anonymous phone call?

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

Not necessarily. But they may be able to put two and two together to determine that you were the one who made the call. Presumably, the police reports would reference the anonymous call and what information was provided that resulted in the initiation of the investigation into the individual who... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I arrived at my ex house and she called the police because I was intoxicated from the previous night. The police had me

Leave the premises. I was too intoxicated to drive so I slept in my car. At some point, the cops were escorted my ex to her car, I had received a call that woke me and as she was getting in her car I waz pulling out. The police had weapons drawn and arrested me. My question is how can I prove I was... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 30, 2021

You’re not going to get a defense to your charges from asking a question on an online legal forum. You need an attorney who can review the allegations against you and then discuss what potential defenses you might have against the charges.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can someone be charged with possession of a gun when the gun was not found on body and the gun has no firing pin in it?
Thomas C Gallagher
Thomas C Gallagher answered on May 30, 2021

A person can be in criminal possession of a firearm even when not on their body. Read up on "constructive possession." Minnesota and the United States statutes contain many gun and gun-related crimes, including some for "replica firearms" and defining "firearm" to... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Someone was beat up, thrown down the stairs and choked while under water was caught by her son.

She signed herself out of the hospital and died the next morning. Will he be charged with her death? If not why?

Thomas C Gallagher
Thomas C Gallagher answered on May 23, 2021

The question states that someone may have committed an assault crime, and implies that may have resulted in hospitalization. If true, that could lead to a felony assault charge. Most deaths are not caused by crime. But if there is evidence that a criminal act resulted in a death, a prosecutor could... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Someone was beat up, thrown down the stairs and choked while under water. They ended up in the hospital.

She signed herself out of the hospital and died the next morning. Will he be charged with her death?

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

That’s impossible to know with knowing what the cause of death was. That will require an autopsy at a minimum.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Uttering a forgery

I wrote a check to a lady who had a truck for sale, the check was bad as I didn't have the funds in my account, I am now being charged with uttering a forgery which is class h felony it says i can get up to 6 years in prison. They are stating that the detective contacted chase bank where i... Read more »

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

I’m not sure where you are charged with this offense. Minnesota does not have class H felonies and does not have a crime of uttering a forgery. But if you were charged with a felony you do need an attorney. Do not represent yourself. Get an attorney on board before court.

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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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