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Minnesota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I be naked in my backyard in MN? I have a privacy fence, but a house next door might be able to see me.

There are no minors next door. Everyone is above the age of 21, however the youngest person there is a mentally disabled 21 year old woman.

If they look out their second story windows, they will absolutely be able to see me. But probably not from their first floor windows.

There are... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 16, 2022

It's your backyard and with the privacy fence, I don't think that you are in public such that you could be charged with indecent exposure. So the better question is whether this is something you want to do if your next door neighbor is going to be able to see you from his or her 2nd floor.

1 Answer | Asked in Criminal Law for Minnesota on
Q: I was gave a speeding ticket for going 64 in a 55. Is there any way to pay it but keep it off my record
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 6, 2022

A person with a Minnesota Driver's License which is not a CDL, should benefit from what we often call "the Dimmler Amendment" or the Minnesota "Dimmler Speed law," which direct the Minnesota Department of Public Safety to not put a speeding conviction on the Driver's... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: What am I looking at for penalties with these-

1st time 4th Degree DUI, 1st time 4th Degree underage drinking, 1st time 4th Degree driving while revocation and driving with no insurance. I already had a small incident last year that put 45 stayed days over my head for a very different offense. These are all misdemeanors and I have no priors but... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 5, 2022

It’s unclear what exactly you are asking here. But the easiest thing to advise is to get an attorney. A DWI will have direct consequences - jail time, fines, etc. And indirect consequences - DL revocation, insurance rates increase, etc. And you could be facing a probation violation as well.... Read more »

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1 Answer | Asked in Criminal Law and White Collar Crime for Minnesota on
Q: Ths fame was faulty I jumped to the next frame.

A friend accepted $500,000,000 worth of art and collectibles, took them out of state and sold them as her own. I kept track of all sales. I called the Sotheby's, Christies, Butterfields when they announced the sales and got a ton of goofy answers. They sold these items with made up... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 28, 2022

Contact law enforcement if you have a crime to report.

1 Answer | Asked in Criminal Law for Minnesota on
Q: What are my reporting requirements if any? Who do I report to if I am required to report? See Additional Details.

I am required to register as a Violent/Sexual Offender in Minnesota and have been approved to travel for vacation. I will be visiting Glacier National Park in Montana for a week. What are my reporting requirements if any? If I am required report, to whom do I report? I will also be spending 2 days... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 26, 2022

These are really questions that need to be asked in the Montana and ND forums. Those states would control what, if any obligations, you have as an out-of-state predatory offender visiting for a vacation.

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on May 20, 2022

Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: 25-10-13(M1) Violation of Protection or No Contact Order... if the respondent has violated this and person that placed

Place but the person answered a phone call from the respondent is that a violation as well?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2022

Legally it does not matter if the petitioner or protected party initiated the contact. If is a violation of an OFP or no contact order if the respondent answers the call if he knows the protected party is the caller or if he continues the conversation upon realizing that the protected party is the... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury and Federal Crimes for Minnesota on
Q: What type of lawyer do I need for catching a stalker?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 5, 2022

This is something law enforcement would help with. Call the relevant authorities.

2 Answers | Asked in Criminal Law for Minnesota on
Q: is it likely- without a special hearing pretrial- that the court will allow testimony from a now 12yr old about alleged

sexual assault occuring 6+ years ago? this child has a history of making non-sexual accusations and of herself sexually assaulting another child. how far can a defense attorney go in asking questions re: her background?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 2, 2022

At 12 years old, competency to testify would generally be presumed absent additional concerns. An attorney could certainly ask the court for a competency hearing if there were specific concerns about this particular witness’s competency to testify. The additional concerns you raise about making... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I hired an attorney to represent me in a felony case. I had to fire him. I believe he did harm to my case.

He didn’t show up to first appearance and 3 continuances. Did nothing he said he would. And left me in a bad situation. Should I report him somewhere?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 24, 2022

You could certainly put in a complaint to the Minnesota Board of Professional Responsibility. Three continuances, sitting alone, wouldn’t be misconduct. The more important question is why your attorney was requesting continuances. There are a lot of good reasons to request a continuance. The... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Im on probation with Hennepin county on a 4th degree intent to sell from 2004.

I've not lived in that state since 2005 I would like to clear it up see if I can get it transferred to Indiana. It did say extradition borderline only.

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 16, 2022

They'll want the fugitive to surrender on the warrant first. Most prosecutors have the attitude that, otherwise, why should they make more work for themselves from a position of weakness?

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My son is in jail and received discovery and there were 6 dvd's but all but 1 says "no readable content " advise?

Yes he's been charged and no he has no attorney he doesn't know what to do with this discovery

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 9, 2022

You don’t indicate what your some is charged with or if he is represented. He needs an attorney if he doesn’t have one. He should talk to his attorney about this if he is represented.

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Minnesota on
Q: I hit a parked car the other night and fled. I have prior DUIs. How do get car out of impound and avoid criminal charges

I was driving to get dinner 2 nights ago, I dropped my wallet and reached down to grab it, and I grazed a parked car. Minimal damage to the other vehicle, but my vehicle was disabled. There were no injuries. I had a few beers before I drove, and have prior DUIs. If I received another, I would have... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 6, 2022

This is already a bad situation. Don't compound it by falsely claiming that the vehicle was stolen. That isn't going to make things better and likely could result in additional charges for not only hit & run, but also for falsely reporting a crime. The likelihood of getting out of... Read more »

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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 Criminal Law and Appeals / Appellate Law for Minnesota on
Q: I got pulled over in fall 2020 for a missing headlight which ultimately led to me being charged with 5th degree possess

Question of ADA and criminal law I’m disabled due to neurological conditions and have bad memory I don’t remember most of the issues can it be dropped charges

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 13, 2022

In Minnesota, generally police will be able to lawfully stop a vehicle with one of two headlights out. Disabilities and memory issues of the defendant would not normally be a defense to a criminal charge. However, depending upon type and severity of cognitive issues, issues such as... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Minnesota on
Q: I’m 17 and my sister 19 and we just got into a fight. I’m in my first trimester and she doesn’t know that. Who’s wrong

We were in the street I got dragged out. She hit me first and defended myself. I’m very petite and I’m sister is strong and bigger and has the upperhand. She got a bump on her head i got scratch marks on my side and knee. My hair was pulled and I had stuff in the car I couldn’t get to, the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 16, 2022

You certainly have a legal right to defend yourself and your unborn child. It seems like you might have some exposure of being charged with a 5th Degree Assault. That is a misdemeanor unless you have prior assault convictions. You need an attorney. You should either hire a private attorney or... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: If I had a departure on a 5th degree possession with conditions and the sentence is revoked due to a violation and I

Executed the sentence because the sentence was amended. I would no longer have to complete the previous conditions right?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 11, 2022

You no longer have to deal with your conditions of probation if you execute your sentence.

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: i was driving my friends car and got charged with pos. of controlled substance, if i pass a drug test can i beat charge

I was driving freinds car he was with got pulled over charged me with dui and 3rd deg. Pos. In prohibited zone..i gave blood sample and was clea...pos was for a syringe the found in shifting compartment under case around shifter

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 2, 2022

The results of the blood test are completely irrelevant as to whether they can charge you with possession of the syringe. They are unrelated to each other. You should get an attorney to represent you on the possession charge. It is at least a gross misdemeanor, maybe even a felony. Do not... 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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1 Answer | Asked in Criminal Law for Minnesota on
Q: While I was parked i overdosed someone called police year later I'm charged with DUI can they do that with od law?
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 20, 2022

If something like that happened in Los Angeles, California, you should pose the question to a criminal lawyer in California. This is a Minnesota Q & A page. In Minnesota, the state can charge DUI - drugs if there is evidence to support the charge, for example a blood test.

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